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2018 (8) TMI 1908 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - primary contention of the Corporate Debtor was that the application filed by the Applicant was not maintainable in Law and under IBC, since the Proprietorship concern was not a legal entity and thus could not sue or be sued in its own name and therefore the present petition deserved to be dismissed - HELD THAT:- The Operational Creditor being a sole proprietorship concern should have filed the present Petition in the name of its sole proprietor and not in the name of proprietorship concerned. Hence the Petition is dismissed without costs.
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