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2017 (11) TMI 1579 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - proof of existing debt - Held that:- The applicant has miserably failed to establish the existence of operational debt as well commission of default by the respondent-company. It is pertinent to state here that the legal notice dated 22nd November, 2016 issued by the applicant, inter alia, reveals that the respondent vide e-mail dated 16th September, 2016 disputed and denied the claim of the applicant. The said e-mail dated 16th September, 2016 has not been enclosed. It is further seen at Annexure-J that the respondent-company in its undated letter, inter alia, disputed the claim as wrong and unordered for. Needless to say that when the claim is not admitted and clearly disputed by the respondent, it become more onerous on the applicant to prove its claim by adducing sufficient documentary evidence. However, no such documentary evidence could be produced to bind the respondent as corporate debtor and to satisfy existence of default in payment of corporate debt. As a sequel to the above discussions the application is rejected.
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