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2018 (7) TMI 2232 - 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 - ex-parte order - HELD THAT:- The applicant has filed an affidavit of service deposing that steps for service have been taken in terms of the directions given by the Bench vide order dated 23.05.2018. Notice from the bench has also been send by the Email dated 22.05.2018. However neither the director nor any other person has appeared or filed reply before this court. Since the amount claimed by Operational Creditor has not been disputed by the Respondent despite being given adequate opportunity to file reply. The respondent has been proceeded ex-parte vide order dated 3 1.05.2018. The present application is complete and the Operational Creditor is entitled to claim its dues towards the goods supplied to the corporate debtor and there has been a default in payment of the operational debt. Therefore, on fulfilment of the requirements of section 9 (5) (i) (a) to (e) of the Code, the present application is admitted. Application admitted - moratorium declared.
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