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2021 (6) TMI 852 - NATIONAL COMPANY LAW TRIBUNAL , JAIPUR BENCHMaintainability of 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:- The registered office of the Respondent Corporate Debtor is situated in Jaipur and therefore this Adjudicating Authority has jurisdiction to entertain and try this Application - The first default had occurred on 23.12.2017 which continued till 18.11.2019, hence the debt is not time barred and the Application is filed within the period of limitation. The application in Form 5 is complete; no payment of the unpaid operational debt of ₹ 2,32,02,842/-has been made and demand notice in Form No. 3 was duly served on the Corporate Debtor through registered post and the amount due has been acknowledged by the Respondent. The Applicant has filed an affidavit under Section 9(3)(b) of the Code to the effect that there is no notice given by the Respondent relating to dispute of the unpaid operational debt. In view of the satisfaction of the conditions provided for in Section 9(5)(i) of the Code, the Application is admitted and the initiation of CIRP of M/s. ADIG Jemtex Pvt. Ltd. is directed. Application admitted - moratorium declared.
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