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2020 (1) TMI 1388 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - barred by time limitation under Section 7 - default enclosed in terms of Section 7(3)(b) or not - HELD THAT:- The Appellant denied the said email and letter on the ground that it is forged. An additional affidavit has been filed by the Bank which also produced the cover by which the letter, which is typed out copy of email dated 2nd May, 2016, was despatched by Mr. M M Ramachandran under his signatures from Dubai on 16th May, 2016 and received by the Bank on 25th May, 2016. The Original letter is also produced before us, therefore, we hold that the email dated 2nd May, 2016 is genuine. The Appellant has taken wrong plea that it is forged - Appellant submits that the Appellant was in jail in Dubai for having defaulted to pay creditors there and was under travel restrictions. It shows that he is a habitual defaulter. However, it is not clear how he has sworn affidavit in India. It is found that Bank has enough records to support that there is a default and therefore, the Adjudicating Authority rightly admitted the application under Section 7 - the appeal is dismissed.
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