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2019 (6) TMI 1153 - Tri - Insolvency and BankruptcyInitiation of CIRP - Corporate Debtor - Section 9 of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as Code) read with Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 - Service of notice - whether the demand notice in Form No. 3 dated 26.12.2018 was properly served? - HELD THAT:- The demand notice was sent at the address as per the master data at Page 71 of the petition in which the registered office shown as 2937, Ground Floor, Ganesh Nagar, Link Road, Ludhiana. The demand notice was sent by speed post. The tracking report filed at Page No.39 of the petition shows delivery on 31.12.2018 (Consignment No. EP367302765N). Whether the operational debt was disputed by the corporate debtor? - HELD THAT:- The demand notice in Form No. 3 is stated to be issued on 26.12.2018 and served by speed post on the Corporate Debtor on 31.12.2018. We have also discussed above that Shri Vinod Kumar, Sole Proprietor of the financial creditor has filed an affidavit dated 04.02.2018 stating that the petitioner has neither received any notice from the Corporate Debtor relating to a dispute of the unpaid operational debt nor it has received any payment against the outstanding amount. Therefore, any dispute with regard to the operational debt is not proved. In view of the satisfaction of the conditions provided for in Section 9(5)(i) of the Code, the petition is admitted for CIRP - moratorium declared.
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