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2019 (6) TMI 1505 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATAMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- In this case, the Corporate Debtor denied the fact that Financial Creditor has really disburse loan amount to them. To prove the fact that loan was actually disbursed to the Corporate Debtor, the Financial Creditor produced on record certified copy of Statement of Bank Account bearing no. 200998962032maintained by Induslnd Bank. Sl. No. 1 in the Bank Statement, Annexure F-2 to the Petition shows that a sum of ₹ 1,00,00,000/- was transferred to the Corporate Debtor's account by the Financial Creditor by way of RTGS dated 03.04.2018. It proves the Financial Creditor gave corporate loan to the Corporate Debtor as contemplated under Section 186 of the Companies Act, 2013. In view of this, evidence on record, it was for the Corporate Debtor to explain as to how and in relating to what transaction they received sum of ₹ 1,00,00,000/- from the Financial Creditor. They did not explain. In view of evidence on record, it is held that Financial Creditor proves that there is a financial debt of more than Rupees One Crore due and payable by the Corporate Debtor which they did not pay and committed default. This application is referred to be admitted. Application admitted - moratorium declared.
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