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2020 (1) TMI 1077 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHIMaintainability of application - initiation of CIRP - Corporate Debtor failed to repay its debt - pre-existing dispute or not - Time Limitation. Whether the present partition is time-barred or not? - HELD THAT:- It is observed that the Operational Creditor at all times maintained the books of account and ledger showing the balance payment of ₹ 12,02,527/- as due and payable at the end of each financial year. That subsequent to the payment of ₹ 100000/- received on 12.2.2018, the balance due was reduced to ₹ 11,02,527/- which is the amount presently due, along with the interest. Further Corporate Debtor specifically admits in para 3 that the project and the works remain incomplete but not denied or raised any demure regarding the factum of the payment made on 12.2.2018. Is there any pre-existing dispute? - HELD THAT:- It is observed that Corporate Debtor nowhere in its reply ever mentioned about the defect in quality of goods or any other dispute regarding the same to the Operational Creditor. Application admitted - moratorium declared.
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