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2022 (2) TMI 1242 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Guarantee executed by the Personal Guarantor in favour of the Financial Creditor - existence of debt and dispute or not - HELD THAT:- The present Application has been filed through the Resolution Professional for which, due authorization by the Financial Creditor, i.e. Bank of Baroda has also been placed on record. The consent given by the proposed IRP along with the relevant papers have also been placed on record for consideration by this Tribunal - It is seen that Authorization for Assignment (AFA) has also been filed by the applicant and the same is valid upto 10.11.2022. The Applicant/Financial Creditor has made out a prima-facie case against the Personal Guarantor for initiation of the proceedings under Section 95 of the Code. application admitted - moratorium declared.
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