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NCLAT dismisses insolvency plea against SpiceJet in absence of specific evidences on invoices

May 13, 2019[2019] 105 175 (NCL-AT)

IBC : Appellant and respondent had entered into Aviation Software Solutions Agreements. There was huge amount payable by respondent to appellant, for which appellant submitted that they had intimated same by e-mail to respondents. However, demand notice under section 8(1) was issued by appellant without attaching invoices relating to debt which were payable and respondent had taken plea that invoices had never been issued by appellant to respondent. Therefore, in absence of specific evidence relating to invoices actually forwarded by appellant and there being a doubt, it is to be held that Adjudicating Authority had rightly refused to entertain application under section 9 which requires strict proof of debt and default

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