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2021 (3) TMI 1356 - NATIONAL COMPANY LAW TRIBUNAL AHMEDABAD BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors or not - Operational Debt or not - existence of debt and dispute or not - HELD THAT:- The claim is for remittance of money collected from end customers, cost of inventory given for tolling/production not used or accounted for and supply of equipment (Machinery for Production Line). The claim is made by the applicant as operational debt - Remittance of payments from end customers will not fall under operational debt as it is not a claim in respect of the provision of goods and services. Claim towards the cost of inventory given for tolling/ production not used or accounted for will also not come under operational debt and in addition, there are disputes regarding quantum of allowable scrap and about wastages in conversion/ tolling between the parties before the issue of demand notice as shown in various mails enclosed with the application. Further, there are disputes between parties among other things regarding scrap and other wastages on usage of inventory, functioning of some parts of equipments and on other claims of the applicant as shown in various mails attached in page no. 1468 to 1631 of the application and page no. 107 to 119 of the reply. This Adjudicating Authority is of the view that the instant petition does not qualify for admission under Section 9 of the 1B Code and therefore, the same is rejected - Petition dismissed.
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