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2018 (10) TMI 1727 - Tri - Insolvency and BankruptcyInitiation of CIRP - Section 9 of IBC read with Rule-6 of I&B (AAA) Rules, 2016 - Existence of debt and default - HELD THAT:- It is not in dispute there is no contract between the parties except two purchase orders for which due payment released and admittedly only E-mails being exchanged to continue passing on some e-mail correspondence between the parties. It is true that the Tribunal cannot take judicial notice of exchange of E-mail correspondence regarding to disputes in question. It is also to be noted that the learned counsel for the respondent submits that in pursuant they have already paid taken into consideration to the extent that amount is due for the service rendered by the Petitioner. Therefore, this passing on the SMS exchange for the services rendered cannot be treated as debt and default. It is not possible for the Tribunal to verify the veracity of the SMS exchanged by the parties. Therefore, we are not in a position to accept the debt and default and we are convinced that the amount due to be paid was duly paid.
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