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2021 (4) TMI 9 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATA BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- The Corporate Debtor had failed and neglected to pay the sum with respect to the said bills. The Operational Creditor, therefore, issued a Demand Notice dated 27th November, 2019 under section 8 of the Code in Form-3 of the Code on the Corporate Debtor, demanding a sum of ₹ 3,98,890.54/-. The said notice was duly served on the Corporate Debtor by Speed Post with acknowledgement due. Tracking Report in that behalf is annexed as ‘Annexure-H’ to the petition. The Corporate Debtor did not reply to the Demand Notice dated 27th November, 2019 till the date of filing of the petition. The application is complete in all respect, and deserves admission particularly in view of the fact that the Corporate Debtor has neither given any reply to the Demand Notice nor filed any reply before this Adjudicating Authority. Application admitted - moratorium declared.
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