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2019 (7) TMI 1544 - NATIONAL COMPANY LAW TRIBUNAL, PRINCIPAL BENCH, NEW DELHIMaintainability of application - initiation of CIRP - Corporate Debtor defaulted in making repayment - Section 241-242 of the Companies Act. 2013 - HELD THAT:- From the definition of "Operational creditor" and "Operational Debt", it can be seen that the respondent through employment agreement itself agreed about the remuneration to be paid to the applicant by the respondent and the claim of outstanding payments to applicant comes within the definition of Operational Debt. There being default in payment of claimed amount, and the respondent has failed to establish the fact that there is a pending dispute between the parties in respect of the amount claimed, such application deserves to be admitted for triggering Corporate Insolvency Resolution Process against the respondent corporate debtor - In compliance of Section 9 (3) (b) an affidavit confirming that no letter of dispute has been received by the petitioner. The present petition is complete and there has been default in payment of dues by the respondent. Therefore, on fulfilment of the requirements of section 9 (5) (i) (a) to (d) of the Code, the present petition is hereby admitted. Petition admitted - Moratorium declared.
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