WhatsApp messages cannot be admitted as evidence to establish pre-existing disputes under IBC, unless they meet the requirement outlined in section 65B of the Evidence Act – Kashyap lnfraprojects Pvt. Ltd. Vs. Hi-Tech Sweet Water Technologies Pvt. Ltd. – NCLAT New Delhi

Hon’ble NCLAT held that: (i) The Adjudicating Authority cannot be faulted for having exercised caution in not taking any informed decision on the issue of whether WhatsApp messages evidenced pre-existing disputes by merely relying on the credibility of these WhatsApp messages. (ii) Merely because a meeting was held between the two parties to overcome the shortcomings in the meeting the obligations of supply and installation of pump-sets cannot be taken to imply that all disputes between the parties had subsided without the parties being at ad idem on whether the obligations stood discharged on a mutually satisfactory basis.

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If any Public depositor applies showing due of the debt claiming itself as operational creditor and the Resolution Professional or the Tribunal do not accept the claim on the ground that they are not financial creditor, we allow the appellant to raise the question before the Tribunal and if any adverse decision is given by the Tribunal, it will be open to the appellant to raise the issue before NCLAT- Hind Motors India Ltd. Vs. Adjudicating Authority NCLT, Chandigarh – NCLAT New Delhi

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