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2020 (6) TMI 281 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of dispute or not - HELD THAT:- The dispute raised by the corporate debtor does not categorizes as dispute, and the plea of dispute is nothing but moonshine defence, created by Corporate Debtor against the applicant without any evidence and hence merit, which is clear afterthought to defeat the claim of applicant. The date of default is occurred from 26-12-2016 and hence the debt is not time-barred and the application is filed on 3-5-2019 within the period of limitation - The Applicant has filed an affidavit under section 9(3)(b) affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the unpaid operational debt - The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The present application is complete and the applicant has established the default in payment of the operational debt, hence is entitled to claim - Application admitted - moratorium declared.
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