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TMI Blog2020 (6) TMI 281X X X X Extracts X X X X X X X X Extracts X X X X ..... ed an affidavit under 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 registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. The present application is complete and the applicant has established the default in payment of the operational debt, hence is entitled to claim - Application admitted - moratorium declared. - COMPANY PETITION NO. (IB)-1176/ND/2019 - - - Dated:- 26-2-2020 - Dr. Deepti Mukesh, Judicial Member And Hemant Kumar Sarangi, Technical Member For the Appellant : Parveen Kumar, Adv. For the Respondent : Arvind Kumar Jadhon, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s assigned by the corporate debtor and the applicant raised bills dated 25-12-2016 for an amount of ₹ 7,90,666/-. 5. The Applicant has submitted that the corporate debtor had made payment of ₹ 3,41,000/- as part payment in the years 2016 2017. The applicant sent reminder letters dated 10-11-2017 and 30-7-2018 to the corporate debtor for clearing the payment of outstanding dues but, the corporate debtor neglected to make the payments to the applicant. 6. The Applicant issued demand notice dated 11-9-2018 under the provisions of section 8 of the Insolvency and Bankruptcy Code, 2016 in Form 3 as prescribed under in the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 demanding total amount of &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is served vide e-mail dated 21-9-2018 which has not bounced back. No dispute is raised by the corporate debtor against the said notice. The corporate debtor has tried to create and raise a pre-existing dispute with respect to quality of services/goods of the applicant which was raised only after present application filed. The corporate debtor has not placed on record any document which exhibits the plausible dispute between the parties. It can be thus inferred that there is no merit in the so-called dispute raised by the corporate debtor in reply to the application. This leaves no doubt that the default has occurred with respect to the payment of the operational debt of the applicant. From the records before us and the reply of the corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he claim of applicant. 12. The date of default is occurred from 26-12-2016 and hence the debt is not time-barred and the application is filed on 3-5-2019 within the period of limitation. 13. The Applicant has filed an affidavit under 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. 14. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 15. The present application is complete and the applicant has established the default in payment of the operational debt, hence is entitled to claim. The present application is admitted. 16. The Applicant ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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