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2018 (9) TMI 480 - Tri - Insolvency and BankruptcyInitiation of Corporate Insolvency Resolution Process - Held that:- As per the records the applicant has attempted to serve the copy of the application on the Corporate Debtor on 23.05.2018 in compliance of the order dated 15.05.2018 as dasti but the acceptance of the application was refused by the staff/security personnel of the Corporate Debtor and also refused to give anything in writing. An affidavit has been filed by the Applicant on 25.05.2018 to that effect. Hence service is deemed to be complete. None appeared for the ‘Corporate Debtor’. The amount of debt claimed is ₹ 31,85,862/- which is above 1 lakh. The default occurred on 22.11.2016, hence the debt is not time barred and the application is filed within the period of limitation. The registered office of the Corporate Debtor is situated at Delhi and is within the territorial jurisdiction of this Tribunal. In the circumstances mentioned above Corporate Debtor despite repeated service has not appeared before this Tribunal and existence of a default of debt due to the Applicant is established. The Tribunal is of the considered view that this application requires to be admitted and that CIRP process is required to be initiated against the Corporate Debtor.
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