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2021 (6) TMI 351 - Tri - Insolvency and BankruptcyMaintainability if application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - time limitation - HELD THAT:- As per Form V, Part IV, the Corporate Debtor is liable to pay an outstanding sum of ₹ 67,67,218.30/- that comprises principal amount of ₹ 40,20,500/- due against invoices and ₹ 27,46,717.81/- towards interest - In view of the dismissal of the prior application filed by the applicant against the corporate debtor on the ground of non-compliance of section 9(3)(c), as a precautionary measure, the applicant has filed bankers certificate issued by HDFC bank is annexed. 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 filed within limitation. The date of default is 2014 as per the invoice and the first application was filed in 2017. Thereafter, due to dismissal of the said application on technical ground, fresh application filed in 2018. In 2019 the corporate debtor admitted the debt while settling the matter on 02.09.2019. Hence, the debt is not time barred and the application is filed within the period of limitation. Application admitted - moratorium declared.
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