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2019 (11) TMI 291 - NATIONAL COMPANY LAW TRIBUNAL KOLKATA BENCH, KOLKATAMaintainability of application - initiation of CIRP - Corporate Debtor committed default in paying the operational debt - existence of dispute or not - HELD THAT:- Operational Creditor has produced all invoices to show that operational debt is due and payable by the corporate debtor. He also produced on record the demand notice under section 8 of I&B Code sent to the Corporate Debtor and the track report to show that notice was duly delivered to the corporate debtor. The corporate debtor did not reply the notice within ten days of its receipt pointing out the fact that the payment of operational debt is made or there exists genuine dispute about the amount claimed. The operational creditor filed affidavit stating that he did not receive any notice or reply and the corporate debtor did not pay amount. He thereby complied with the provisions of section 9(3)(b) and 9(3)(c) of I&B Code. The application requires to be admitted - Petition admitted - moratorium declared.
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