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2020 (3) TMI 703 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - corporate debtor committed default in repayment of debt - existence of debt and dispute or not - HELD THAT:- According to the Ld. Counsel for the financial creditor the loan sanction letter also issued to the corporate debtor on 23-11-2013 and to prove that produced Annexure F, to prove that the debt due to the financial creditor. The information utility certificate not at all produced however, produced statement of bank account. So also produced the Form 26AS of corporate debtor to show that TDS has been deducted which shows that the corporate debtor has deducted tax for the financial years 2013, 2014 and 2018 - The above said evidence led on the side of the financial creditor proves that the amount of ₹ 25,99,296.85 is due as claimed by the financial creditor and the corporate debtor does not dispute the liability and there is no challenge as to the confirmation of account relied upon by the financial creditor. Nothing shows that the claim is barred by limitation and being satisfied that there is no disciplinary proceedings pending against the proposed resolution professional. The application filed under section 7 of the Code is otherwise complete and it is liable to be admitted. Application admitted - moratorium declared.
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