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2018 (12) TMI 1701 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCHMaintainability of application - initiation of CIRP - Respondent/Corporate Debtor unable to liquidate its Operational debt - HELD THAT:- In view of the failure of the Corporate Debtor to liquidate the outstanding liability, the Applicant/Operational Creditor issued a demand notice dated 21.03.2018 under Section 8 of the Code which was not replied to. The petitioner applicant has now filed the present petition in the required format, along with the supporting affidavit that no notice of dispute has been raised. Compliance of the provision of Section 9(3)(c) is also on record. The Operational Creditor has filed the necessary documents in support of his case which include the photocopies of the dishonoured cheques and the returned memos which form the basis of their complaint under Section 138 of the Negotiable Instruments Act. The statement of their Bank account does not reflect credit of the amounts under the dishonoured cheques - The respondent was served through the process of the Bench. None appeared nor was any reply filed. The Corporate Debtor was therefore proceeded ex-parte. Application admitted - moratorium declared.
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