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2021 (8) TMI 7 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - petition dismissed on the ground that a Scheme of Compromise filed by the Corporate Debtor is pending before this Tribunal and the Statement of Account relied upon by the petitioner are not certified as per the Banker’s Books of Evidence Act and there was no proof of default - HELD THAT:- On perusal of various emails sent by the Corporate Debtor submitted before this tribunal by the petitioner and as rightly contended by the petitioner the debt and default stands proved in this case and all the pleas raised by the respondent in the reply to the main company petition are not legally sustainable and liable to be rejected. The petitioner also suggested the name Mr. Adesh Kumar Gupta as Interim Resolution Professional and enclosed the consent letter given by the proposed IRP in Form-2. The company petition is complete in all respects - the company petition is liable to be admitted - moratorium declared.
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