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2021 (5) TMI 429 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute, prior to sending to demand notice, or not - HELD THAT:- The Corporate Debtor has not refuted the fact that the Operational Creditor has supplied materials as contended in the petition and he has also confirmed the statement of accounts vide e-mail dated 13.03.2018, he has never raised any issues on the quality of the material supplied by the petitioner. However he has replied to the notice sent under Section 8 of IBC 2016 in which he has raised a counter claim over and above the amount claimed by the Operational Creditor. He has not provided any documentary evidence to prove that he has raised a dispute prior to the issue of Section 8 notice by the petitioner. Prima facie the contentions made by the Operational Creditor in the rejoinder appear to be correct as he has provided adequate documentary evidence to prove his allegations. Application admitted - moratorium declared.
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