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2023 (5) TMI 661 - AT - Insolvency and BankruptcyMaintainability of application filed u/s 9 of IBC - NCLT admitted the application - Non service of demand notice - it is alleged that before filing the Section 9 Application Section 8 notice was not issued - HELD THAT:- The letter dated 07.08.2013 clearly contains acknowledgement of the debt by the Corporate Debtor. The submission which has been pressed by the Appellant is that the payment was to be made when the work starts. The said statement at best stated the time from when payment shall start, which was accepted by the Operational Creditor. The fact that payment was to take place from the date work start does not in any manner absolve the liability of the Appellant since acknowledgment was very much there. From the order of the Adjudicating Authority, it is clear that the debt was never disputed. Insofar as the question of Section 8 notice not being issued, on basis of which Appellant contends that there was no default, sufficient to notice that notice was issued to the Corporate Debtor in the winding up petition, subsequently which was transferred. The submission of learned counsel for the Appellant that no default was committed cannot be accepted. Thus, present is a case where debt was proved and default was committed by the Appellant - there are no error in the order the Adjudicating Authority admitting Section 9 application - There is no merit in the Appeal, Appeal is dismissed.
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