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2019 (8) TMI 1608 - NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- It is evident from the record that the Operational Creditor has been persistently demanding for his dues to be paid however, no reply or objection was made or raised by the Corporate Debtor on the prior occasions of demand by the Operational Creditor. The Corporate Debtor did not reply or object to the Demand Letter dated 06.12.2017 - The Corporate Debtor had various opportunities to raise such disputes however, it is only at the belated stage that he is raising dispute that man power was not deployed. Had that been the case, the Corporate Debtor would not have made further payments to the Operational Creditor. If the Corporate Debtor had any dispute about the claim he ought to have replied to the Statutory Demand Notice. It is not denied by the Corporate Debtor that the Demand Notice was not received by the Corporate Debtor, moreover, there is record to show that the Demand Notice has been received by the Corporate Debtor - The Operational Creditor has proved the debt as well as its default by the Corporate Debtor. Notice under Section 8 of I & B Code, has also been sent by the Operational Creditor and received by the Corporate Debtor. The Operational Creditor has filed one Affidavit stating that he did not receive any dispute from the Corporate Debtor before filing this claim. Application admitted - moratorium declared.
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