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2021 (8) TMI 584 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - Petition filed on the basis of decree passed by the Hon’ble Bombay High Court against the Corporate Debtor is maintainable? - existence of debt and dispute or not - HELD THAT:- The decree passed by the Hon’ble Bombay High Court is binding on the Corporate Debtor. If at all the Corporate Debtor is aggrieved against the decree passed by the Hon’ble Bombay High Court, his remedy is only to file an appeal against the decree. It appears the time for preferring an appeal against the decree is over without any appeal being filed and thus attained finality. It is not out of place to mention here that recently the Hon’ble Supreme Court in the case of M/S. ORATOR MARKETING PVT. LTD. VERSUS M/S. SAMTEX DESINZ PVT. LTD. [2021 (8) TMI 314 - SUPREME COURT] held that stipulation of payment of interest is not a condition precedent to qualify as a financial debt. This Bench is of the considered opinion that the above Company Petition filed by the Financial Creditor basing on a decree is maintainable and is liable to be admitted - petition admitted - moratorium declared.
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