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2022 (2) TMI 795 - NATIONAL COMPANY LAW TRIBUNAL , JAIPUR BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - Service of demand notice - HELD THAT:- The demand notice dated 06.08.2019 was sent via registered post and email on 07.08.2019 to the corporate debtor and its directors. The postal receipt and tracking report are found to be attached at Page 647-652 (Annexure-9) of the Application. Whether the operational debt was disputed by the Respondent? - HELD THAT:- The Respondent Corporate Debtor has filed reply and argued that they had been dissatisfied with the supply and the quality of the goods however they have not submitted any communication to substantiate the same. Thus, as per documents placed on record with the adjudicating authority, there is no dispute as to the outstanding liability of the Respondent Corporate Debtor towards the Applicant Operational Creditor. It has been shown that the Corporate Debtor has failed to make payment of the aforesaid amount due as mentioned in the statutory notice till date. It is also observed that the conditions under Section 9 of the Code stand satisfied. Hence, this Adjudicating Authority is inclined to commence CIRP against the Corporate Debtor as envisaged under the provisions of IBC, 2016. Application admitted - moratorium declared.
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