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2018 (11) TMI 1771 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT:- This Tribunal is constrained to proceed with the matter ex parte in relation to the corporate debtor since the corporate debtor has not appeared though section 8 notice and the present application duly served on the corporate debtor and proof of service along with service affidavit is filed by the applicant making the service complete - The applicant has attached the copy of the bank statement of the HDFC Bank in compliance with the requirement of section 9(3)(c) of the IBC, 2016 - The registered office of the corporate debtor is situated in New Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. Thus, the present application is complete and the applicant is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt, and fulfilment of requirements under section 9(5) of the Code. Hence, the present application is admitted. Application admitted - moratorium declared.
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