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2022 (8) TMI 320 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - existence of debt and dispute or not - HELD THAT:- As per the bank statements of the Financial Creditor, the amount i.e. Rs. 3,30,00,000/- was withdrawn on 22.07.2020, vide Cheque No. 000029, in the name of "Sehrawat Associates Pvt. Ltd." who is not the Corporate Debtor in the present petition. But in Part IV of the Application, the Financial Creditor has stated that the total amount of debt due from the Corporate Debtor i.e. Optiemus Infracom Limited is Rs. 3,30,00,000/- and the date of disbursement was 21.07.2020 vide cheque No. 000029 drawn on Bank of Baroda. As sufficient material evidence is not placed before this Tribunal to appreciate the averments made in the Application against the Corporate Debtor and as the Corporate Debtor has also not acknowledged the debt due in any form, this Application under section 7 of the Code is devoid of merits. Hence, it is not a fit case to entertain this application under section 7 of the Code. Hence, the present application is dismissed without cost.
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