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2022 (8) TMI 502 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Financial Creditors - Personal Guarantors to Corporate Debtor - existence of debt and dispute or not - HELD THAT:- The relevant documents annexed with the application and the affidavits of service placed on record have been examined. It is observed that prima facie, the respondent has committed default in making repayment of the loan amount of Rs. 2,59,70,606/- for which the respondent has given personal guarantee to the applicant financial creditor on the behalf of the corporate debtor. The demand notice has been served to the respondent/personal guarantor Ms. Ritu Bhatia by registered post, which was returned with the remark 'none resides'. It is further observed that vide the order dated 23.08.2021 of this Tribunal, notice was published in the Business Standard, Delhi Edition on 05.07.2022 as and by way of substituted service. It is made known to everyone that from the date of filing this Application (08.03.2021) by the Applicant/Financial Creditor, the interim-moratorium commences as is stipulated under Section 96(1)(a) of the Code, 2016 in relation to all the debts of the personal guarantor and shall cease to have effect on the date of admission of this Application and during the interim-moratorium period the following are prohibited. Petition admitted - List the matter on 23.09.2022.
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