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2019 (7) TMI 787 - NATIONAL COMPANY LAW TRIBUNAL, AHMEDABAD BENCHAdmissibility of petition - Initiation of Corporate Insolvency Resolution Process - Section 9 of the Insolvency and Bankruptcy Code, 2016 - service of notice - HELD THAT:- On perusal of the record it is found that the registry has also issued notice to corporate debtor twice i.e. on 29.01.2019 and 19.03.2019 and as per track report the notice was delivered on 04.02.2019. As such service upon the corporate debtor is complete. The records available shows that the amount due to the Applicant from the Respondent is in respect of Service provided to the respondent. Therefore, the amount claimed by the Applicant from the Respondent is “operational debt” within the meaning of Section 5, sub-section (21) of the Code. The operational debt is due to the Applicant. Therefore, Applicant is an “Operational Creditor” within the meaning of sub-section (5) of Section 20 of the Code. From the aforesaid material on record, it is established that there exists debt as well as there is occurrence of default. The Application filed by the Applicant is complete in all respects - petition admitted - moratorium declared.
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