CS Professional · Corporate Restructuring, Valuation and Insolvency · Application for Corporate Insolvency Resolution Process
Which document must an operational creditor furnish along with its section 9 application in every case, without the qualification 'if available'?
The affidavit that the corporate debtor has given no notice of dispute relating to the unpaid operational debt must always be furnished. The financial institution certificate and the information utility record are needed only if available, as section 9(3) specifies.
- AA copy of the certificate from the financial institutions maintaining its accounts
- BA copy of any record with an information utility
- CAn affidavit that no notice of dispute of the unpaid operational debt has been given by the corporate debtorCorrect
- DAny other proof of non-payment, such as bank statements
Explanation
Section 9(3)(b) requires the affidavit stating there is no notice of dispute from the corporate debtor, with no 'if available' qualifier. The bank certificate in clause (c) and the information utility record in clause (d) are required only if available. Clause (a), a copy of the invoice or demand notice, is also mandatory.
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