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2022 (10) TMI 925 - NATIONAL COMPANY LAW TRIBUNAL , HYDERABAD BENCHMaintainability of petition - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - hardship to MSME Operational Creditor from Mumbai who also attended the physical hearings in 2019 at NCLT, Hyderabad - Existence of debt and dispute or not - HELD THAT:- The Operational Creditor has filed various documents in proof of claim and default. The demand notice is shown at page Nos. 33 to 35 of the application. The demand notice was served on Corporate Debtor and received by them. The case of the Operational Creditor is that it had supplied printing ink material to the Corporate Debtor. The Tax Invoices are shown at page Nos. 26 and 33 of the additional documents filed by the operational creditor. According to the Operational Creditor, an amount of Rs. 1,00,000/- was paid by the Corporate Debtor on 23.10.2018. It is pertinent to note that the Corporate Debtor has never raised any dispute in regard to defective material. Thus, this is not a matter where existence of a pre-existing dispute is pleaded. In so far as the prayer for costs claimed by the Operational Creditor on the plea that the operational creditor was put to hardship and inconvenience by the Corporate Debtor besides the travelling cost incurred by the Operational Creditor for traveling from Mumbai to Hyderabad for attending the physical hearings before the NCLT, Hyderabad is concerned, liberty is given to the Operational Creditor to make a claim before the IRP and IRP to consider the same as per the rules. Petition admitted - moratorium declared.
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