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2019 (9) TMI 1358 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - petition preferred by M/s. RG Steels stated to be a Sole Proprietary Concern - HELD THAT:- By virtue of definition as contained in section 3(23) of I&BC, 2016 a person even though includes an individual it does not include within its ambit a Sole Proprietary Concern. It is also required to note that from the definition as given in section 5(20) of I&BC, 2016, an OC has been defined as a 'person' to whom an Operational Debt is owned and includes any person against whom such debt has been legally assigned or transferred. Thus, essential criteria for a Petitioner to satisfy while approaching the Tribunal is that he should be considered as "a person" under the provisions of IBC, 2016 ans in the instant case since the petition has been filed in the name of RG Steels given as an Applicant, the Applicant does not satisfy the said condition and on this court this petition is liable to be dismissed as not maintainable. Even in relation to merits, it is evident from the reply as sent by the CD to the Demand Notice as issued by the OC dated 20.9.2018, a dispute has been raised in relation to the rate as has been charged by the OC. It is evident from the reply that the supply which has been effected in the relation to Steel @ ₹ 30,800/- per MT and that sale consideration by the CD had been paid as per the rate agreed between the parties, taking into consideration the same for the quantity of steel supplied by the OC to the CD by virtue of 30 invoice a sum of ₹ 1,37,34,936/- was payable as against which the CD it is contended had paid a sum of ₹ 1,40,35,487/- thereby making an excess payment of ₹ 3,00,551/-. Based on the above namely a Sole proprietary concern taking into consideration the definition of a "person" is not entitled to approach this Tribunal on its own and also in view of the pre-existing dispute evident on consideration of the merits of claim made by the OC against CD, this petition stands dismissed - Petition dismissed.
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