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2021 (6) TMI 353 - 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:- Whatever dispute mentioned by corporate debtor is only after receiving the section 8 notice which is an after thought to shrug off the liability by the corporate debtor - In the present case, there is no such dispute is pre-existing and the same is a merely a spurious defense. Further, that the proposal for settlement amounts to admission on part of the Corporate Debtor. The operational debt has become due and default has occurred and application being complete needs to be admitted. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application - The date of default is 16.05.2019, and the present application was filed on 06.12.2019, 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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