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2018 (12) TMI 1698 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAIMaintainability of petition - Initiation of Corporate Insolvency Resolution Process (CIRP) - Corporate Debtor - Section 9 of IBC Code - HELD THAT:- The dispute raised by the Corporate Debtor is spurious defence. Most of the disputes raised by the Corporate Debtor during the hearing of the petition were not raised by the Corporate Debtor in the reply to demand notice served before filing of the petition and have been raised belatedly at the time of hearing - Further, the Corporate Debtor has stated its willingness to settle the accounts in case of discrepancies of accounts. Also, no documents have been provided regarding the debit note raised upon the Operational Creditor for adjustment of ₹ 19,97,563/-. The fact that bank certificate is not annexed in compliance of Section 9 (3)(c) of IBC has been held to be directory by the Hon’ble Supreme Court in the matter of MACQUARIE BANK LIMITED VERSUS SHILPI CABLE TECHNOLOGIES LTD. [2017 (12) TMI 850 - SUPREME COURT] - Therefore, this defence does not survive. For the petition fulfilling the requirements of Section 9, this petition deserves to be admitted - Petition admitted - moratorium declared.
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