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2020 (6) TMI 230 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT:- The Application has been filed on 16-7-2019 for unpaid operational debt due and defaulted of ₹ 12,21,200.00 as per the Invoices enclosed. Dates of invoice are 21-3-2018, 25-3-2018, & 28-3-2018 - Date of first default is 21-3-2018. Respondent has admitted the default by filing an Affidavit dated:22-8-2019 by the Director of the Corporate Debtor Shri Gopal J. Shelani having office at New Sardar Marketing Yard, Shop no. A-174, 8B National Highway, Gondal Rajkot-360311, Gujarat. However, Copy of the Board Resolution of the Corporate Debtor in respect of admission of the default is not made available. Application is filed within the limitation period as the date of default is 21-3-2018 and the date of filing this petition under section 9 of IBC is 16-7-2019 - No pre-existing dispute before the filing of this application is observed. This Adjudicating Authority is satisfied that there is existence of debt and default has occurred on21-3-2018 - Petition has been filed within the limitation period as the date of default is 21-3-2018 and the petition has been filed on 16-7-2019. Petition admitted - moratorium declared.
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