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2020 (1) TMI 902 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Respondent Corporate Debtor failed to make repayment of debt - existence of debt and dispute or not - Whether the Respondent has brought to the notice of the petitioner the existence of a dispute preceding the receipt of the notice on 27.02.2018? - HELD THAT:- In the instant case it cannot be said that a debt, at least as far as the outstanding dues towards the cost of DSTBs is concerned, is not due and payable in law or in fact. The Respondent cannot shy away from payment of this amount. Therefore, the contention of the Respondent that there was a pre-existing dispute cannot be accepted. The Respondent having defaulted in payment of the operational debt the Corporate Insolvency Resolution Process is triggered and the petition under section 9 of the Code is maintainable - The issue accordingly answered in the negative. In view of the finding the petition under section 9 deserves to be admitted. Petition admitted - moratorium declared.
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