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2022 (9) TMI 13 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - services in relation to the freight forwarding of Air Export/Air Import consignment to the corporate debtor - existence of debt and dispute or not - HELD THAT:- It is seen that the applicant is part of group company and offering individual solutions for transportations and logistic to the corporate debtor since the year 2007. Since then, the corporate debtor was paying the invoice payments to applicant, but after 17.09.2016 the corporate debtor has committed default in making payments of invoices due to be payable. Pursuant to which, the applicant made several oral and written request to make payment for the unpaid dues. Though, the corporate debtor never raised any dispute nor any objection with regards to the to the quality of services provided by corporate debtor. Relatively, the corporate debtor has made part payments towards running ledger of the goods supplied by the operational creditor. This leaves no doubt that the default has occurred for the payment of the unpaid operational debt to the applicant. It is reiterated that despite service of demand notice and notices by this court no objection has been raised by corporate debtor. The corporate debtor has chose to remain absent - since no objection has ever been raised by corporate debtor, it can be concluded that the applicant has established its claim which is due and payable by the corporate debtor. The present application is admitted. Petition admitted - moratorium declared.
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