Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2019 (3) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1664 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment - existence of dispute or not - scope of Operational Debt - HELD THAT:- Under I&B Code, it need not be seen whether the company is unable to make payment or that the relief sought has bonafide or not. The only criterion to be looked into is as to whether debt and default are in existence as on the date of filing case. It is apparent that the petitioner/operational creditor has claimed the license fee of the hospital premises, amount receivable towards charges for basement and casualty in the building as per the agreement, along with the claim of amount receivable on account of purchase of medical equipment, the amount receivable towards reimbursement of insurance of building and other items as per clause 14.1 of the registered Lease and License Agreement. Scope of Operational Debt - HELD THAT:- Petitioner’s claim does not fall within the definition of ‘Operational Debt’ and Petitioner cannot be treated as ‘Operational Creditor”. Since the alleged debt is not ‘Operational Debt’ and Petitioner is not the ‘Operational Creditor’. Therefore, the Petition is not maintainable under Section 9 of IBC, 2016. Hence, the Petition deserves to be rejected on this ground. Petition dismissed as not maintainable.
|