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2023 (11) TMI 111 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI - LBAdmission of Section 9 application - existence of pre-existing dispute or not - time limitation - HELD THAT:- Along with the Demand Notice, Annexure statement of showing calculation of total debt has been mentioned. On looking into the invoices and the due date, Demand Notice was issued after expiry of due date in all the invoices. The statement filed along with the Demand Notice clearly indicates that most of the invoices were of June 2019; one was of 04.07.2019 and one was of 08.07.2019. Thus, 45 days of credit period came to an end with regard to all invoices which are part of the Demand Notice. Thus, the submission of the Appellant that no amount became due cannot be accepted. Insofar as the submission that the cheques which were submitted in the Bank by the Operational Creditor were security cheques, these are the issues which need not be adverted to the present proceedings. Section 138 proceedings have already been initiated and that can be looked into in the said proceedings. There are no error in the order of the Adjudicating Authority admitting Section 9 Application. There is no merit in the Appeal - appeal dismissed.
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