Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2018 (4) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (4) TMI 1922 - NATIONAL COMPANY LAW TRIBUNAL AHMEDABADMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- By perusal of the record of present petition goes to shows that the Operational Creditor duly issued a statutory demand notice under section-8 by providing supporting documents to prove supply of goods and materials by describing the details of the unpaid amount against goods duly received by the Corporate Debtor Company. These documents includes tax invoices/ Credit memos issued during the year, 2015 for total outstanding dues of Rs. 2,33,278/- which is evident that the Corporate Debtor company has committed default - Since, the Corporate Debtor has failed to make reply to the demand notice. Therefore, it amounts to admission of debts. On perusal of the record the filing of present petition is found to be in order. It meets statutory requirement of section-8 and 9 of the Code, hence, it is found complete and deserve for admission. Petition admitted - moratorium declared.
|