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2022 (1) TMI 64 - 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:- It is an admitted fact that the M.O.U dated 16.02.2018 was executed between the parties. The respondent in its reply has admitted that fact that ₹ 1.05 crores as per the MOU is pending to be paid by respondent to applicant towards supply of goods. The respondent has not denied the fact of executing the MOU - In respect of difference in amount claimed by applicant, it is pertinent to mention here that this is not a recovery forum and as far as there is "debt" and "default" the quantum of claim is immaterial. What is material that the amount of default, as admitted by respondent as well, is more than ₹ 1 lac in terms of Section 4 of the Code. Application admitted - moratorium declared.
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