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2021 (6) TMI 352 - 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 - HELD THAT:- The default has occurred with respect to the payment of the operational debt due to the Applicant. The corporate debtor has failed to show any existence of dispute as the applicant has clearly established that the claim with respect to quality is an afterthought, in view of email sent by corporate debtor dated 04.05.2016 describing the quality of goods as 'superior quality' & 'technical advantage of high tensile'. The corporate debtor has failed to place on record any concrete evidence to prove that there was a genuine dispute which was raised prior to issuance of notice under section 8 and the said was duly communicated time and again to the applicant. The communication of the corporate debtor with its customers cannot be considered as disputes against the transactions with the applicant. There is no such dispute is pre-existing and we are convinced that the present dispute is patently feeble legal argument. The application being complete needs to be admitted - registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application - The last invoice was raised on 09.08.2016, and the present application was filed on 24.04.2018, hence the debt is not time barred and the application is filed within the period of limitation. The present application is complete and the Applicant is entitled to claim its dues, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9(5) of IBC, 2016 - Moratorium declared.
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