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2020 (1) TMI 1262 - 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 - time limitation - service of notice - HELD THAT:- The demand notice dated 20.05.2019 was sent at the address as per the master data at Page No. 91 of the petition in which the registered office is shown as Plot No. 145,DLF, Industrial Estate No. 1, Faridabad, Haryana - 121003. The copy of demand notice duly acknowledged by the Corporate Debtor is at Page 47 of the petition - The Corporate Debtor has chosen not to reply to the demand notice dated 20.05.2019. Whether the operational debt was disputed by the corporate debtor? - HELD THAT:- As a statutory requirement under Section 9(3)(b) of the Code, an affidavit dated 08.06.2019 (Annexure A-7 of the petition) has been placed by the operational creditor stating that there is no dispute communicated by the Corporate Debtor for the unpaid operational debt and no reply to the said demand notice has been received at all - the demand notice in Form No. 3 was properly delivered by the Operational Creditor and no pre-existing dispute is proved. It has been shown that the corporate debtor has failed to make payment of the aforesaid amount due as mentioned in the statutory notice till date. It is also observed that the conditions under Section 9 of the Code stand satisfied - application admitted - moratorium declared.
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