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2021 (5) TMI 503 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - Jurisdiction - time limitation - service of notice - HELD THAT:- The Applicant has filed an affidavit under section 9(3)(b) dated 05.09.2019 affirming that no notice of dispute has been given by the Corporate debtor relating to dispute of the unpaid operational debt. Jurisdiction - HELD THAT:- The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. Time Limitation - HELD THAT:- The last invoice was raised on31.03.2018, and the present application was filed on 20.09.2019, hence the debt is not time barred and the application is filed within the period of limitation. Existence of debt and default or not - HELD THAT:- The present application is complete and the Applicant is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, and moreover stand admitted as the corporate debtor appeared before the court and sought time for settlement. Therefore, the default of the operational debt is established beyond doubt. Application is admitted - moratorium declared.
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