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2018 (7) TMI 2121 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- No documents in support of disbursement of the alleged loan has been placed on record by the Financial Creditor and he should be ordered to produce the same. However, the Financial Creditor has rebutted the same stating that the documents already placed on record at pages 8, 9, 10, 11, 12 and the copy of the complaint fully substantiate the claim and there is nothing to place on record except the said documents - no plausible explanation has been given by the Counsel for the Corporate Debtor pertaining the documents placed at pages 8, 9, 10, 11 and 12 of the typed set filed with the Application, which are evidencing the advancing of the loan by the Financial Creditor to the Corporate Debtor, and are sufficient in nature to establish the existence of default on the part of the Corporate Debtor in repaying the loan. The Application of the Financial Creditor is complete in all respect - Application admitted - moratorium declared.
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