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2019 (10) TMI 1361 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Petitioner submitted that even though the debt is owed by the partnership firm, in view of the non-payment of the debt by the partnership firm, one of the partner who is a Corporate Debtor herein is jointly and severally liable to pay the debt - HELD THAT:- Similar issue decided in judgement of the Hon'ble NCLAT in the case of Gammon India Ltd. Versus Neelkanth Mansions and Infrastructure Pvt. Ltd. [2019 (2) TMI 1116 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI] where it was held that even if one of the partners or more than one partner is the 'Corporate Debtor' as the amount is due from the partnership firm, the application under Section 9 of the 'I&B Code' against one of the partners of such partnership firm will not be maintainable. Petition dismissed.
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