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2021 (9) TMI 1117 - Tri - Insolvency and BankruptcyMaintainability of CIRP - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditor - providing e-advertisement campaigning services to the corporate debtor - existence of debt and dispute or not - HELD THAT:- The validation of the data generated after completion of services were sent every month before issuance of invoices by corporate debtor to applicant, which indicates that there was a consensus between the parties for raising invoices. The corporate debtor has not placed any document on record in order to show that any invoice raised by applicant was ever disputed by it after issuance, in fact part payment was also made during April, 2019 to the applicant after receiving invoice. It is clearly established that the default in payment of the operational debt has occurred by the corporate debtor. Though the corporate debtor has raised dispute with regards the defective services, but has not placed on record any document which proves the invoices were disputed even after validation of the data. There is no merit in the so-called dispute raised by the corporate debtor as mere reply filed by the corporate debtor to the present application, is unable to establish any pre-existing dispute of genuine nature. Moreover, there are data for leads generated which was validated vide emails and only thereafter invoice was raised. Thus, it can be concluded that the applicant has established its claim which is due and payable by the corporate debtor - Application admitted - moratorium declared.
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