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2017 (11) TMI 1116 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHICorporate Insolvency Resolution Process - Held that:- The statement of accounts as filed by the 'Operational Creditor' is not complete in order to ascertain what are the amounts which were actually remitted by the 'Corporate Debtor' over a period time even though it is admitted that some payments were received shown by the Banker's Certificate as received from the 'Corporate Debtor' and the same does not match as no payment is shown to have been received in the statement of accounts. In this, the Tribunal being the Adjudicating Authority cannot lose track of the avowed objects for which IBC, 2016 has been brought into force and more pertinently in relation to CIRP. Taking the above facts and circumstances of the case and as well as the precedents laid down by the Hon'ble NCLAT in relation to the issue of demand notice and furnishing of certificate from the banker, this Tribunal is not inclined to admit this Petition and in the circumstances the Petition is dismissed but without costs.
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