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Issues: Whether the financial creditor established default so as to warrant admission of the application under Section 7 of the Insolvency and Bankruptcy Code, 2016, and consequential initiation of the corporate insolvency resolution process.
Analysis: The application was supported by the sanction letter, loan documents, account statement, and other material showing that the corporate debtor had availed the financial facility and had not repaid the outstanding debt. The objections raised by the corporate debtor were not considered relevant at the stage of admission of a Section 7 application once default was shown. The application was also found to be complete, and the proposed interim resolution professional was found fit for appointment.
Conclusion: The default was established and the application was admitted, with moratorium ordered and an interim resolution professional appointed.