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2019 (11) TMI 1457 - NATIONAL COMPANY LAW TRIBUNAL, CUTTACKMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - time limitation - HELD THAT:- The transactions were of the year from 01.07.2016 to 30.04.2019. The application has been filed on 21.06.2019. Hence, the claim is well within the period of limitation - The Registered Office of the Corporate Debtor is within the state of Odisha; hence, this Adjudicating Authority has jurisdiction. The applicant/petitioner states that since the respondent company failed in making payment of the outstanding to the tune of ₹ 1,45,99,236/- to the applicant/petitioner, the applicant/petitioner sent the Statutory Demand Notice dated 21.05.2019 under Section 8 in Form 3 under Insolvency and Bankruptcy Code, 2016 to the respondent company, to which no reply was received. Therefore, without finding any other alternative remedy the applicant approached this Adjudicating Authority. The application filed by the Operational Creditor under Section 8 and 9 of the Insolvency & Bankruptcy Code, 2016 is hereby admitted for initiating the Corporate Insolvency Resolution Process against M/S Gurusukh Vintrade Services Pvt. Ltd. Moratorium Order is passed for a public announcement as stated in Sec. 13 of the IBC, 2016 - Application admitted - moratorium declared.
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