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2019 (11) TMI 422 - NATIONAL COMPANY LAW TRIBUNAL, BENGALURUMaintainability of application - initiation of CIRP - Corporate Debtor defaulted in making repayment - pre-existing dispute or not - section 9 of the IBC, 2016 R/ w 6 of the (Application to Adjudicating Authority) Rules, 2016 - HELD THAT:- The facts and circumstances of the case, when examined in the light of extant provisions of Code and the law leaves no iota of doubt that the Corporate Debtor has comrnitted Debt and default in question, which is established by the Petitioner. And there is neither pre-existing nor post-existing dispute made out by the Corporate Debtor. The Adjudicating Authority is satisfied that the instant Application/ petition is complete proviso 2 of Section 9 of the Code ; there is no payment of operational debt; the demand notice in question is delivered and no notice of dispute was received by the Petitioner; a qualified Resolution Professional by name Mr. Deepak Saruparia is suggested as Interim Resolution Professional to conduct the CIRP in respect of Corporate Debtor. Application admitted - moratorium declared.
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