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2022 (4) TMI 1472 - Tri - Insolvency and BankruptcyMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of its debt and dispute or not - HELD THAT:- The debt is due and payable both in fact and in law - It is seen from the records that notice of default under Section 8 has been delivered and an affidavit dated 24.12.2021 under Section 9(3)(b) of IBC has also been filed affirming that no notice of dispute has been given by the corporate debtor relating to dispute of the unpaid operational debt. The applicant has also filed an affidavit under section 9(3)(c) dated 24.12.2021 affirming that the applicant has not received any amount after serving of demand notice till date and a certificate from the banker of the operational creditor is enclosed. The registered office of the corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application - the present application is complete and the operational creditor is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. Petition admitted - moratorium declared.
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