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2018 (5) TMI 691 - AT - Insolvency and BankruptcyInitiation of ‘Corporate Insolvency Resolution Process’ - application rejected rejected on the ground of ‘existence of dispute’ - e-mail supply for which the payment is due from the Appellant which shows substandard quality of sending e-mails - Held that:- For one of the month it is shown that out of 100% mails, ‘spam’ is 37.4% and ‘inbox’ is 62.6%. Similarly, for another month the ‘spam’ is 31.9% and ‘inbox’ is 68.1%. Similarly, in another month the ‘spam’ is 67.3% and ‘inbox’ is 32.7%. The aforesaid e-mail of Respondent itself suggest that a number of e-mails were not reached the ‘inbox’ which shows inefficiency on the part of the Appellant, though they claimed 100% payment. From the record, we find that the Appellant has also replied to the aforesaid e-mails and denied the allegations whereinafter part payment has been made. Payments have been made against some of the bills and TDS has been deducted. From the aforesaid facts, it is clear that there is an ‘existence of dispute’. Appeal dismissed.
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