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2019 (3) TMI 1904 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCH IIIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - existence of debt and default or not - HELD THAT:- In view of the failure on the part of the Corporate Debtor, to liquidate the outstanding liability, the Applicant/Operational Creditor issued a notice dated 28.12.2017 under section 8 of the Code. This was not replied to. Thereafter, the Operational Creditor has followed it ea by filing the present petition. The petition has been filed in the required format, along with the supporting affidavit that no notice of dispute has been raised. Compliance of the provision of Section 9(3)(c) is also on record - The Corporate Debtor has accepted that a default in payment has occurred. The prayer made by the Operational Creditor therefore merits consideration. Application admitted - moratorium declared.
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