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2022 (4) TMI 257

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..... pplicant has filed an affidavit under section 9(3)(b) dated 28.01.2020 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. In the given facts and circumstances, the present application is complete and the operational creditor is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. Application admitted - moratorium declared. - Company Peti .....

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..... ing to be paid to the applicant. The applicant has been since then, from time to time, repeatedly requesting the corporate debtor to pay the outstanding amount and settle the balance but the same is in vain. The unpaid debt of ₹ 40,77,417/- has been acknowledged by the corporate debtor through one of its Director, Mr. Manish Gupta, in the confirmation of accounts dated 01.04.2019, wherein the company's stamp of the corporate debtor has duly been established. 4. The Operational Creditor issued section 8 demand notice dated 10.12.2019 under the provisions of the I B Code, 2016 (Under Rule 5 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016 calling upon the corporate debtor to pay the operation .....

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..... . 9. The registered office of corporate debtor is situated in Delhi and therefore this Tribunal has jurisdiction to entertain and try this application. 10. In the given facts and circumstances, the present application is complete and the operational creditor is entitled to claim its dues, which remain uncontroverted by the Corporate Debtor, establishing the default in payment of the operational debt beyond doubt. The present application is admitted, in terms of section 9 (5) of IBC, 2016. 11. Since the operational creditor has not proposed the name of the IRP in PART III, this Tribunal hereby appoints Ms. Gunjan Mittal as IRP, with registration number IBBI/1PA-003/IP-N00361/2021-22/13756, email: ([email protected]) who is a .....

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