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2018 (9) TMI 1227 - Tri - Insolvency and BankruptcyInsolvency resolution process against the corporate debtor - Held that:- Last payment received from the corporate debtor was to the tune of ₹4 lacs. There are then the balance confirmation letters admittedly executed by the corporate debtor before the expiry of 3 years taken from 21. 03. 2014. The Ledger Account statement was initially filed upto 01. 09. 2014 along with the main petition but copy of the ledger account for the subsequent period has been filed as Annexure A-15 with CA No. 316/2018 which also indicates that no further payment was received from the corporate debtor. Learned counsel appearing for the respondent does not dispute the authenticity of the aforesaid ledger account in view of the balance confirmation letters which have been relied upon by the petitioner. So, simply raising the issue of sub-standard goods in the reply cannot be taken as an ‘existence of a dispute’. As perused the written communication in Form 2 furnished by the registered Resolution Professional, proposed to be appointed as the Interim Resolution Professional and the same is found to be in order. All the ingredients required to be established are made out. In view of the above, the instant petition deserves to be admitted. The petition under Section 9 of the Code is, therefore, admitted and the moratorium is declared for prohibiting all of the following in terms of Section 14(1) of the Code
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