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2021 (9) TMI 1344 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- The Operational Creditor has only listed out the details of 1110 Nos. of invoices along with the Application, however has failed to enclose the copy of those invoices per se and in the absence of those invoices which sets out the date, the seal of the Operational Creditor and other details, the Application which are filed by the Operational Creditor are required to be treated as incomplete. It is also required to be noted that the Applicant even though in his Application has averred in Part - IV of the Application that as per his Books of accounts that a sum o ₹ 14,41,728/- is balance outstanding, however has miserably failed to placed on record the copy of the said Ledger Account in the typed set filed along with the Application. AIl these documents are least required for this Adjudicating Authority to properly adjudicate the Application on hand and the present Application filed by the Operational Creditor is bereft of all these details and hence on the said count itself, the present Application is required to be dismissed. Further, the nature of transaction which transpired between the parties would show that at first the Operational Creditor will supply the materials to the Corporate Debtor and the Corporate Debtor would convert the said materials into finished products and in turn supply the same to the Operational Creditor. Thus, in the present case, it is seen that both the Operational Creditor and the Corporate Debtor have been supplying materials mutually exclusive with one and another and in the said circumstances, the Applicant alone cannot be treated as an ‘Operational Creditor’ in respect of the Corporate Debtor. For a person to qualify as an Operational Creditor he must have supplied the goods or rendered service to the Corporate Debtor, which is not the proposition In the present case and on the other it is the Corporate Debtor who has supplied the service to the Operational Creditor of which it is claimed to be deficient. Thus, it is quite clear that only a supplier of goods or provider of services who has provided such goods or services can claim to be an “Operational Creditor” and not in the reverse (i.e.) a person who availed the services or received the goods from the Corporate Debtor and in relation to the said transaction a ‘claim’ had arisen. The Application is bereft of particulars and also the Applicant is not an Operational Creditor in relation to the Corporate Debtor and as such this Application filed by the Operational Creditor is liable to be dismissed - Application dismissed.
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