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2019 (4) TMI 1357 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI (COURT NO. IV)Initiation of Corporate Insolvency Resolution Process - section 9 of Insolvency and Bankruptcy Code, 2016 read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 - Corporate Debtor - maintainability of application - HELD THAT:- The Applicant has filed an affidavit affirming that in respect of the amount claimed or any part thereof, the Applicant has not received nor had any person, on its behalf had received in any manner the amount due to them as required u/s. 9(3)(c) of I&B Code nor has received any notice of dispute raised by the corporate debtor under section 9(3)(b) of the IBC, 2016 - As on date, a total sum of ₹ 3,39,750/- along with 18% interest is due from the Corporate Debtor. The debt occurred on account of services provided by the operational creditor under the Brokerage Agreement. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application - The default occurred from 09.08.2018, hence the debt is not time barred and the application is filed within the period of limitation. The present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. In the light of above facts and records, the present application is admitted. The Application stands admitted in terms of Section 9(5) of IBC, 2016.
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