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2019 (2) TMI 1833 - 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:- The notice was sent to the Corporate Debtor vide its order dated 23.10.2018 which is directed by the Tribunal to the Operational Creditor. The Demand Notice issued to the Corporate Debtor. There was no reply to the Demand Notice. Corporate Debtor did not raise any dispute - The Operational Creditor filed Form-3 and 4. It is clear from the record that Operational Creditor issued Demand Notice/ Invoices. The operational creditor also filed order dated 23.05.2018 passed by Micro and Small Enterprises Facilitation Council. The Operational Creditor also filed postal receipts evidencing the dispatch of demand notice. The Operational Creditor also filed copy of Bank Account statement (State Bank of India) Thus, Operational Creditor filed documentary proof in support of the claim and also placed evidence that Corporate Debtor committed default. Therefore, petition is liable to be admitted. The Adjudicating Authority is satisfied that the Corporate Debtor failed to discharge its liability mentioned in the Petition filed by the Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC), resulting occurrence of default for an amount of ₹ 32,02,543/-. Petition is admitted - Moratorium declared.
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