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2020 (12) TMI 1339 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATAMaintainability 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:- Considering the format and particulars required to be given in the format if the Application is complete, it is required to be admitted unless the Corporate Debtor shows Pre-existing dispute. The Hon’ble Appellate Tribunal further held that the dispute raised in this case was that there was no dealing between the Corporate Debtor and the Operational Creditor, that there was no agreement. It was however, mentioned in the reply that it there was a dispute with the branch office and that they wanted to verify the transaction. The Bank Statement of the Operational Creditor was also seen and it was found that various payments of more than Rs.3 Crores were stated to have been made from the outstanding dues and for a small amount of Rs. 21,07,916/- , the Operational Creditor was required to move to the Adjudicating Authority. The application filed by the Operational Creditor under Section 9 of the Insolvency & Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor, M/s Ambient Computronics Pvt.Ltd. is hereby admitted - moratorium declared.
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