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2017 (7) TMI 1074 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAIInitiation of Insolvency Resolution process - proof of debt - Held that:- To prove the case of the Petitioner, the Petitioner filed Purchase Order which is not disputed by Corporate Debtor, invoices raised by the Petitioner also not disputed by the Corporate Debtor and also postdated cheques issued to the Petitioner against the invoices are also not disputed, therefore, it has to be construed that the Petitioner has proved that goods have been supplied to the Corporate Debtor, consideration has not been paid, as to default is concerned for no payment has been made and the cheques issued by the Corporate Debtor having been dishonored, it is hereby construed that the Corporate Debtor has defaulted in making the repayment after supply of goods by the Petitioner herein. This Petition clearly reveals that there is a debt as defined in Section 3(11) of I&B Code 2016, also there is default in this case within the meaning of Section 3(12) of I&B Code 2016, this Bench hereby admits this petition filed under Section 9 of I & B Code 2016, declaring moratorium with consequential directions
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