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2020 (6) TMI 391 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of debt and dispute or not - HELD THAT - It is noted that the supplies have been made by the operational creditor to the corporate debtor who has used such supplies to make the final products for consumption of its client i.e. the railway. It is also noted that such supplies were made by the operational creditor after inspection and approval by RITES Ltd. which is the competent authority hence there cannot be a dispute regarding the quality of material supplied by the operational creditor. It is further noteworthy that the operational creditor filed a civil suit for recovery of its amount before the Hon ble High Court Calcutta which passed a decree in favour of the operational creditor which remained non-complied by the corporate debtor. Even application for recalling of said decree filed by the corporate debtor has been dismissed by the Hon ble High Court. There is no case of suppression of any material fact. Further no material of whatsoever nature has been brought on record to show that there exists some dispute except making oral allegations within the meaning of Sec.5(6) of the Insolvency Bankruptcy Code 2016 prior to initiation of this proceedings. Thus there is an operational debt which is due and a default has occurred hence on merits the case of operational creditor succeeds. The petition is otherwise complete in all respects and complies with the requirements of provisions of Insolvency Bankruptcy Code 2016 read with regulations thereto. Application admitted - moratorium declared.
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