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2019 (1) TMI 1709 - Tri - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - whether the Petitioners accepted a moratorium for 6 year or not? - HELD THAT:- It is on record that the Corporate Debtor has taken the property of the Petitioners for rent and they were making payments towards rent up to June 2017. According to the Petitioners, the Corporate Debtor failed to pay the rent from July 2016 and whatever the payments made in part was appropriated towards rent dues. The main issue in the matter is as to whether the Petitioners accepted a moratorium for 6 year or not. Though the Corporate Debtor say so, there is no documentary proof filed to that effect. In the absence of any documentary proof about accepting the moratorium. the submissions of the Corporate Debtor are to fail. It is deemed that the Corporate Debtor has failed in making payment of rents as no substantial document is placed on record to show the existence of moratorium between the parties regarding the Rent, therefore, the Petition is admitted. Petition admitted - moratorium declared.
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