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2018 (11) TMI 407 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATACorporate Insolvency Resolution Process - outstanding dues - Held that:- Nothing shows that the amount claimed by the Operational Creditor is not due as alleged by the Corporate Debtor in the reply affidavit. In the absence of the Corporate Debtor, as considered the reply affidavit in detail and satisfied that none of the objections are sustainable under law. Come to a conclusion that the outstanding amount as claimed by the Operational Creditor is due and despite issuance of demand notice, the corporate Debtor failed to discharge its debts and therefore, an application of this nature is liable to be admitted provided the Operational Creditor succeeds in proving that the requirement to be meted out as per Section 9(5)(a) to (e) is satisfied. The Applicant has produced affidavit under Section 9(3)(b) of the Code to the effect that there is no notice given by the corporate Debtor relating to a dispute of unpaid operational debt. Instead of producing a copy of the certificate from the financial Institutions in compliance of Section 9(3)(c) Code, the Operational Creditor has produced the copy of statement of accounts. The Operational Creditor succeeds in proving that demand notice has been issued to the Corporate Debtor along with the copy of invoices and the demand notice has been delivered on the Corporate Debtor. Section 9(5)(e) of the Code not meted out because the operational Creditor has not proposed the name of the Insolvency Professional. The application is liable to be admitted
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