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2021 (3) TMI 873 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - application filed by two Operational Creditors filed jointly - existence of debt and dispute or not - HELD THAT:- The date of default is 21.10.2018 which is the date of the last invoice issued which was unpaid, and the present application is filed on 18.12.2018. Hence, the application is not time barred and filed within the period of limitation. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. It has been observed by the this Adjudicating Authority that Section 8 Demand Notice issued and the application under Section 9 has been filed by both the Operational Creditors jointly. The amount in default is arising out of the claims of a person and a company which is a separate legal entity - in the present matter the Demand notice under Section 8 should have been issued by an "Operational Creditors" individually and further the application under Section 9 has to be filed by Operational Creditors individually and not jointly. Joint application under Section 9 by one or more "Operational Creditor" is not maintainable - prayer for initiating Corporate Insolvency Resolution process against the Corporate Debtor is not sustainable - Application dismissed.
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