Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2020 (1) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 346 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor defaulted in making repayment - existence of debt and dispute or not - HELD THAT:- The dispute raised by the Corporate Debtor does not fall within the definition of dispute as stated in preceding paragraphs, and the plea of pre-existing dispute is nothing but tenuous defense, created by Corporate Debtor against the Operational Creditor without any merit, which appears in after thought as a counter to defeat the claim of the Operational Creditor. The Registered Office of the Corporate Debtor is situated in Jaipur and therefore this Tribunal has jurisdiction to entertain and try this application. The present Application is complete and the Applicant is entitled to claim its dues, establishing the default in payment of the Operational Debt beyond any reasonable doubt - Application admitted - moratorium declared.
|