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2020 (3) TMI 1293 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor committed default in payment of outstanding debt - it is argued that it was not a case simply of outstanding amount only on account of lease rent but amount of electricity charges, diesel, sewer and water charges were also due - Operational debt or not - existence of debt and dispute or not - HELD THAT:- Admittedly, in the present case, there are dues of electricity, diesel, sewer and water charges which are undisputed by the Corporate Debtor. The quantum of such claim/debt is also more than ₹ 1 Lac. Diesel has been consumed for providing electricity. Electricity charges are to be reimbursed by the Corporate Debtor based upon its consumption. Similarly, water charges are also to be paid. These activities clearly fall in the definition of provisions of Services as defined in Section 5(21) of IBC, 2016 as the definition in Section 5(21) means a claim in respect of the provision of Services - the contention of the Corporate Debtor that since main services cannot be categorized as operational debt, these will also not construe as operational debt, is rejected - further, no such restriction/condition exists in provisions of Section 5(21) of IBC, 2016, hence, for this reason also, we see no merit in this contention of the Corporate Debtor. Notice u/s 8 of IBC, 2016 has duly been served and acknowledged. The application is otherwise complete and defect-free - application filed by the Operational Creditor under section 9 of the Insolvency & Bankruptcy Code, 2016 for initiating Corporate Insolvency Resolution Process against the Corporate Debtor, Web Date Systems Private Limited, is hereby admitted - moratorium declared.
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