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2019 (5) TMI 1295 - NATIONAL COMPANY LAW TRIBUNAL CHANDIGARH BENCH, CHANDIGARHInitiation of Corporate Insolvency Resolution Process - Service of Demand Notice - sub-sections (1) and (2) of Section 9 of the Insolvency & Bankruptcy Code, 2016 - HELD THAT:- The petitioner has filed the copies of the invoices demanding payment from the respondent in respect of the delivery of goods supplied by the petitioner, which were delivered to the respondentcorporate debtor, as already observed, thereby complying with Section (3) of Section 9 of the Code. Mr. Prashant Pathak, Managing Director duly authorised by the petitioner has filed the affidavit dated 03. 08. 2018 (Annexure 13) stating that the corporate debtor has neither disputed the existence of or the amount of unpaid operational debt nor provided the details of the pendency of the suit or arbitration proceedings in relation to any such dispute filed. It is further stated that there is no notice given by the corporate debtor in relation to a dispute of unpaid operational debt. The petitioner has satisfied the requirement of clause (b) of Section 9 (3) of the Code. The petitioner has also filed a copy of the bank statement from 26. 06. 2018 onwards. The petitioner, therefore, has complied with the requirement of Section (c) of Section 9 (3) of the Code. The petitioner being the operational creditor is not obliged to propose the name of the Resolution Professional to be appointed as the Interim Resolution Professional by this Tribunal. Therefore, the Tribunal has to proceed in terms of clause (a) of Section 16 (3) of the Code in case the petition is admitted - all the requirement of Clause (i) of Section 9 (5) of the Code stand fulfilled. The petition is admitted under Section 9 of the Code.
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