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2017 (10) TMI 857 - NATIONAL COMPANY LAW TRIBUNAL, CHANDIGARHCorporate insolvency process - lack of notice of dispute - whether there is any notice of the dispute on behalf of the Corporate Debtor received by the Operational Creditor? - Held that:- There is an affidavit dated 21.08.2017 by the Authorised Representative that the petitioner has not received the full payment despite the service of demand notice nor the Operational Creditor has received any notice of dispute from the Corporate Debtor. There is a clear default committed by the respondent and this fact has not even been disputed nor any response has been filed despite opportunity having been granted. No defect in the application has been found or pointed out and there is compliance of the mandatory requirements of Section 9 (3) (b) and (c) of the Code. The petitioner has delivered the invoices for payment to the Corporate Debtor. The petitioner has even filed a copy of the statement of the bank of account i.e. its financial institution HDFC maintaining the account of the petitioner. The petitioner has also proposed the name of the Insolvency Resolution Process Mr.Adesh Kumar Singla, who has given the written communication in Form 2 giving all the necessary particulars. That communication is found to be in order.In view of the above, the petition deserves to be admitted.
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