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2017 (9) TMI 493 - NATIONAL COMPANY LAW TRIBUNAL, MUMBAIProceedings under Insolvency and Bankruptcy Code - Held that:- Since the Corporate Debtor has admitted issuing Purchase Orders and work order, thereafter the petitioner raising invoices and acknowledging Delivery Challans with signature of the Corporate Debtor side, in case if the Corporate Debtor is to prove some of the goods returned, the burden is cast upon this Corporate Debtor to prove that some of the goods have been returned, since this Corporate Debtor has not made any such efforts to prove to the satisfaction of this Bench that some of the goods have been returned, we have not found any merit in the defense first time set up by the Corporate Debtor, hence, we admit this petition . Public announcement of the corporate insolvency resolution process shall be made immediately as specified under section 13 of the Code. This Bench makes a reference to the Insolvency and Bankruptcy Board of India (IBBI) for the recommendation of Insolvency Professional for appointment as Interim Resolution Professional.
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