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2020 (1) TMI 1440 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - application filed by BSE - notice of service of dispute - HELD THAT:- The Corporate Debtor has neither appeared in the matter nor replied to the application and the matter was proceeded exparte on 19.09.2019 - The Applicant has filed an affidavit under section 9(3)(b) affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the unpaid operational debt. The Applicant has filed the bank certificate of HDFC Bank dated 23.01.2019 as required u/s. 9(3)(c) of I&B Code, affirming that in respect of the amount claimed or any part thereof, the Applicant has not received nor had any person, on its behalf had received in any manner the amount due to them - The application is complete as per the requirements of section 9 of the code. The invoice was raised on 01.04.2017 and the application is filed on 14.08.2019 which is within the period of limitation - The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The present application is complete and perusing the documents on records it goes beyond doubt that the Applicant is entitled to claim its dues, establishing the default in payment of the operational debt, which has remined uncontroverted which amounts to passive admission - Application admitted - moratorium declared.
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