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2021 (3) TMI 227 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor committed default in payment of the dues - Existence of debt and dispute or not - HELD THAT:- Wherein the instant case it is born from the record that the Appellant have issue cheque on 12.01.2016 for sum of ₹ 44,298/- in favour of the Respondent No. 1 which amounts from acknowledgment of the debt although the said cheque dishonoured for the reason ‘‘payment stopped by drawer” (Exhibits “D & D-1) at page 25 to 26 of the petition filed before the NCLT - From the perusal of the records at page 49 of the Appeal Paper Book which the Application under Section 9 of the IBC filed before the NCLT by Respondent No. 1 Part –IV Colum 2 the Debt from which such Debt fell due “ The Respondent made part payment on 16.02.2016, after which no payment was made and cheque issued on 12/01/2016 was returned dishonoured”. The Learned Counsel for the Appellant have failed to make out any ground and the finding recorded by Ld. Adjudicating Authority, so we are affirmed the finding recorded in the impugned order passed by Ld. Adjudicating Authority, National Company Law Tribunal, Mumbai Bench. There are no merit in this Appeal - appeal dismissed.
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