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2019 (3) TMI 150 - AT - Insolvency and BankruptcyCorporate insolvency process - pre-existence dispute - HELD THAT:- From the record, we find that demand notice under Section 8(1) of the ‘I&B Code’ was issued by the Respondents on 23rd October, 2017, but much prior to the same an e-mail was sent by the Respondent on 5th May, 2017 which was brought to the notice of the Adjudicating Authority. In view of such e-mail addressed by the Respondent demanding commission from the tenderer enquiry was made. E-mail dated 5th May, 2017 was enclosed as Annexure “B”, but in spite of the same, the Adjudicating Authority admitted the application under Section 9, without looking into the pre-existence dispute relating to such demand of commission and the question whether demand of commission was justified or not; cannot be decided by the Adjudicating Authority or by this Appellate Tribunal, we are of the opinion it was not a fit case for admission.
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