The case involves an appeal against the rejection of a Section 9 application filed by Asian Diamond BVBA (Appellant) against DA Jewels Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority dismissed the application based on the existence of a pre-existing dispute. The Appellant claimed payment towards certain diamonds handed over to the Corporate Debtor. The Corporate Debtor refuted the claim, stating that the amount was not payable as they had already handed over diamonds in lieu of payment and possessed receipts for the same. The Adjudicating Authority relied on emails presented by the Corporate Debtor to conclude that a plausible dispute existed between the parties.
Asian Diamond BVBA (Appellant) filed a Section 9 application against DA Jewels Pvt. Ltd. (Corporate Debtor) claiming payment for diamonds. The Adjudicating Authority dismissed the application due to a pre-existing dispute. The Corporate Debtor claimed to have already paid for the diamonds by handing over other diamonds and provided receipts. The Corporate Debtor presented emails, including one dated 03.05.2019, to support their claim of a dispute. The Appellant argued that the email was not addressed to them. The Corporate Debtor's email mentioned that the entire dispute was settled on 28.1.2019 by handing over polished diamonds worth USD 1,15,806, and a Jangad receipt was signed. The email also mentioned other incidents of the Appellant's representatives taking away
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The case involves an appeal against the rejection of a Section 9 application filed by Asian Diamond BVBA (Appellant) against DA Jewels Pvt. Ltd. (Corporate Debtor). The Adjudicating Authority dismissed the application based on the existence of a pre-existing dispute. The Appellant claimed payment towards certain diamonds handed over to the Corporate Debtor. The Corporate Debtor refuted the claim, stating that the amount was not payable as they had already handed over diamonds in lieu of payment and possessed receipts for the same. The Adjudicating Authority relied on emails presented by the Corporate Debtor to conclude that a plausible dispute existed between the parties.
Asian Diamond BVBA (Appellant) filed a Section 9 application against DA Jewels Pvt. Ltd. (Corporate Debtor) claiming payment for diamonds. The Adjudicating Authority dismissed the application due to a pre-existing dispute. The Corporate Debtor claimed to have already paid for the diamonds by handing over other diamonds and provided receipts. The Corporate Debtor presented emails, including one dated 03.05.2019, to support their claim of a dispute. The Appellant argued that the email was not addressed to them. The Corporate Debtor's email mentioned that the entire dispute was settled on 28.1.2019 by handing over polished diamonds worth USD 1,15,806, and a Jangad receipt was signed. The email also mentioned other incidents of the Appellant's representatives taking away
…Corporate Debtor claims the entire dispute was…
Email sent…
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