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2021 (10) TMI 209 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - cheque was dishonored and inspite of repeated requests payment was not made - Operational Creditors - existence of debt and dispute or not - case of Corporate Debtor is that the application is a misuse of legal process as settlement had already been arrived between the parties - time limitation - HELD THAT:- The notice was sent to the corporate debtor on the registered address as per the master data which returned on 03.09.2019 with the remark "no such person". The notice was also served via email on the mail id used for regular communication between the parties. The copies of proof of delivery and tracking report of the email have been annexed. The corporate debtor did not reply to the said demand notice. Consequently, the applicant filed the present application under section 9 of IBC, 2016 and served the copy of this application via speed post, which was returned with the remark "no such person in the address", the applicant also served the corporate debtor via email on the registered email id as per master data, the applicant also served the corporate debtor by hand. The copy of acknowledgment of delivery via email and by hand is annexed along with the service affidavit. As per Form V, the total debt outstanding is ₹ 8,50,000/-. The date of default is 01.07.2019 as per Part IV form V and the present application is filed on 23.10.2019. 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 - The Applicant has filed an affidavit in compliance of section 9(3)(b) affirming that no notice of dispute has been given by the corporate debtor relating to dispute of the unpaid operational debt. The present application is filed in Performa prescribed under Rule 6 of the Insolvency and Bankruptcy Code, 2016 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 r/w. Section 9 of the code and is complete - application admitted - moratorium declared.
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