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2021 (12) TMI 1384 - NATIONAL COMPANY LAW TRIBUNAL NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- It is an admitted fact that Rs. 32,43,000/- was paid as an advance to the Corporate Debtor by the Operational Creditor. This deposit is towards the advance licence fee, It is also an admitted fact that by filing this application, the Petitioner has claimed that since the amount was not refunded, therefore, there is @ default in payment of the amount, which comes under the definition of the Operational Debt. Pre-existing dispute or not - contention of the Respondent is that there is pre-existing dispute which the respondent has raised by issuance of the legal notice under Section 138 NI Act - HELD THAT:- The issuance of the N.LA legal notice under NI, Act, cannot be treated as dispute. Therefore, there are no force in the contention raised on behalf of the Respondent that there is a preexisting dispute. It is further noticed that the application filed by the applicant under Section 9 is complete, demand notice was duly delivered and the amount claimed in Part-IV has not been paid as yet. There is no payment of unpaid operational debt or the invoices, notice for payment to the Corporate Debtor has been duly delivered by the Operational Creditor and no notice of dispute has been received by the Operational Creditor or there is no record of dispute - the applicant has fulfilled all the criteria as required under Section 9 (5) (i) of the IBC. Petition admitted - moratorium declared.
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