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2022 (3) TMI 236 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial creditors - existence of debt and dispute or not - HELD THAT:- From the perusal of the page 150, Vol.-I of the Appeal which is the Financial Statement of the Respondent ending on 31.03.2017 for amount of ₹ 54,71,783/- is shown under the heading of “Long Term Borrowing” - Further, page 165, Vol.-I of the Appeal which is the Financial Statement of the Respondent ending on 31.03.2016 for amount of ₹ 54,71,783/- is shown under the heading of “Long Term Borrowing”. Further, page 208, Vol.-I of the Appeal which is the Account Ledger Confirmation of the Appellant duly signed by the Respondent’s authorized signatory starting from 01st April 2015 to 31st March 2016 shows that the amount of ₹ 54,71,783/- as a “Long Term Borrowing”. Similarly, certificate given by B.C. Patel & Co., Chartered Accountants (at page 209, Vol.-I of the Appeal) after verified from the ledger account and other relevant documents shows that the Respondent had an outstanding of ₹ 89,24,630/- till 31st December 2019. - the Ld. Adjudicating Authority while passing the impugned order did not peruse the aforesaid documents. The matter is remitted back to the Ld. Adjudicating Authority (National Company Law Tribunal), Ahmedabad Bench, Ahmedabad with a request to hear the parties and after perusing the aforesaid documents whereby the Respondent categorically acknowledged the debt, pass fresh orders within twelve weeks from the date of receipt of this judgment - Appeal allowed by way of remand.
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