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2022 (4) TMI 997 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - time limitation - threshold monetary limit involved - HELD THAT:- The applicant is totally silent why the Operational Creditor did not file the case even after there was no reply by the corporate Debtor within 10 days from the receipt of the notice. The Operational Creditor has filed this application under Section 9 of the IBC only on 18/2/2022. The applicant is totally silent about the time taken for filing the Insolvency Proceedings (this application) i.e., about 1 year and 11 months. In the instant case, the case was filed on 18/2/2022 for a debt amount of ₹ 7,78,708/- which is less than the threshold amount as fixed by the aforesaid notification. In addition to that the applicant is claiming an amount of ₹ 6,00,000/-, it is not relevant to the facts to be considered against the present Corporate Debtor, they cannot do so for initiation of CIRP against the present Corporate Debtor. Application dismissed.
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