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2018 (10) TMI 1892 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - whether issuing Section-8 notice without enclosing copies of invoices and then as to non-filing of invoices along with Section-9 Petition will amount to not furnishing of material papers as envisaged under section 9 (2) of the Code or not? - HELD THAT:- In this case, the document to prove goods supplied is invoices, which the petitioner has not produced before this Bench. That apart, the corporate debtor has not admitted the claim made by the petitioner. In this background, only one conclusion that could be drawn is the petitioner failed to prove the existence of debt. The first essential proof required to admit the case is existence of debt, which the petitioner failed to do, therefore the petition shall be dismissed.
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