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2019 (9) TMI 1661 - 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:- As per provision of Section 8(1) of Insolvency and Bankruptcy Code, 2016, an operational creditor on occurrence of a default is required to deliver a demand notice to which the corporate debtor is required to respond within a period of 10 days from the date of receipt of such notice. As per provision of Sec.9 (5)(ii) clause (c) Insolvency and Bankruptcy Code, 2016 the Tribunal will reject the application if the creditor has not delivered invoice or notice for payment to the corporate debtor - the claim of receipt of money in May 20 16 is not evidenced by the documentary evidence of Banker’s Certificate or details of cheques or any DD Note details. Hence, this also goes against the claim of the operational creditor. In view of this, it is not considered necessary to go into other aspects. This petition is dismissed.
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