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2021 (6) TMI 414 - Tri - Insolvency and BankruptcyCIRP proceedings - fraudulent activity on the part of Corporate Debtor - whether the Respondent is liable to pay a sum of ₹ 39,08,034/- to the Corporate Debtor is required to be decided in the present Application as per the documents being placed by Learned Counsels for both the parties? - HELD THAT:- There has been a gross violation in relation to adhering to the terms and conditions prima facie by the Corporate Debtor in relation to the goods to be supplied by it and as such the Applicant, being a Resolution Professional of the Corporate Debtor and being appointed by this Tribunal and having taken charge only from 10.10.2019 cannot be in a position to explain as to what transpired between the parties and also being ignorant of the series of e-mails being exchanged between the parties and thus from the e-mail communications being exchanged between the parties, it is seen that the Corporate Debtor has acted in violation of the terms and conditions of the purchase order and as such the Corporate Debtor is not entitled for any further payment to be made by the Respondent in this regard as claimed in the Application. Application dismissed.
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