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2018 (12) TMI 1311 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - Corporate Debtor has defaulted in making payment of ₹ 32,04,812/- against supply of various books being published by the Operational Creditor - Held that:- Operational creditor served demand Notice in Form No. 3 dated 30.10.2017 demanding for payment. The Corporate Debtor replied after the expiry of 10 days, raising, inter-alia, disputes regarding (a) the supply of goods not being in confirmation to the order placed by the authorised persons, (b) the Corporate Debtor is not liable to pay for order placed by individuals other than authorised persons. It is pertinent to note that the Corporate Debtor raised theses disputes after the receipt of the demand notice and no correspondence prior in time to the demand notice about the disputes have been brought on record. The defence taken by the Corporate Debtor is not covered in pre-existing dispute in the light of law laid down by the Hon'ble Supreme Court in the case of Mobilox Innovations Private Limited (2017 (9) TMI 1270 - SUPREME COURT OF INDIA). The application made by the Petitioner clearly shows that the operational debt has not been paid even after the service of demand notice. The disputes raised belatedly are not tenable in law. In compliance of Section 9(3)(b) and Section 9(3)(c), Bank statements and affidavit of no dispute has also been annexed, therefore, the petition deserves to be admitted. This Bench hereby admits this petition filed under Section 9 of IBC, 2016, declaring moratorium with consequential directions.
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