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2022 (5) TMI 656 - 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 - Service of notice - HELD THAT:- It is seen from the records that notice of default under Section 8 has been delivered and affidavit under Section 9(3)(b) of IBC has also been filed. The last payment was made on 15th October, 2018 and this application has been filed on 23.07.2019, the application is found well within the limitation in terms of provisions of Section 19 of the Limitation Act, 1963 - It is further noted that the corporate debtor in the emails dated 10.10.2018 and 20.09.2018 has also admitted that the amount is due and further pleas raised in reply filed by the corporate debtor is found not to be substantiated by any documents, thus there are no merit in the contentions raised by the counsel for the corporate debtor. It is noted that the application filed under section 9 is complete and complies with the requirements of the relevant provisions of the Code - application admitted - moratorium declared.
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