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2019 (3) TMI 1910 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors or not - existence of debt and dispute or not - delivery of notice to Corporate Debtor - HELD THAT:- The notice has been issued to the CD for its appearance. The FC has attempted to serve the notice by post, by way of hand delivery and lastly by way of email. The affidavit filed on the side of the FC proves that the attempt of the FC to serve notice by hand has not been successful because of the refusal on the side of CD in accepting the notice served by hand. However, the service of notice issued by post has been delivered to the CD. So also, service of notice through email was also successfully done in the case in hand. The CD, therefore, was called absent and declared ex parte, being satisfied that there was delivery of notice to the CD and the CD did not turn up for defending the case after remitting back the case from the Appellate Tribunal to this Bench and that the Hon’ble NCLAT remitted with a direction to admit it. Also, the FC has compiled with all the requirements to be meted out as per Section 7 (3) of the Code of 2016 and name of the Resolution Professional (in short, RP) has been proposed. Form 2 produced along with the application proves that there is no disciplinary proceeding pending against the RP. Annexure-2 at page 67 of the application ¡s the Form 2. Mr Chhedi Rajbhar is the insolvency professional proposed by the applicant in the application. Application admitted - moratorium declared.
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