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2022 (1) TMI 456 - 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 - time limitation - HELD THAT:- The petitioner filed present petition under Section 9 of IBC, 2016 and served the copy of this petition however, the same was returned back with remarks “refused”. The notice along with the paper book was sent on the registered e-mail id of Corporate Debtor available on master data on 02.07.2019 and the same did not bounce back as per the affidavit of service filed by the petitioner - The petitioner has filed its bank statement (Annexure-5) that the amount claimed or any part thereof, the petitioner has neither received nor had any person, on its behalf who received in any manner the amount due towards Corporate Debtor as required under Section 9(3)(c) of I &B Code nor received any notice of dispute raised by the corporate debtor under Section 9(3)(b) of the IBC, 2016. Territorial Jurisdiction - HELD THAT:- The registered office of corporate debtor is situated in Ludhiana, Punjab and therefore, this Tribunal has jurisdiction to entertain and try this petition. Time Limitation - HELD THAT:- The default occurred from 25.05.2017 and the petition is filed on 01.03.2019, hence the debt is not time barred and the petition is filed within the period of limitation. The present petition is complete and the petitioner is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. In the backdrop of above facts and records, the present petition is liable to admitted, in terms of Section 9(5) of IBC, 2016. - Petition admitted - moratorium declared.
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