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2022 (5) TMI 1443 - NATIONAL COMPANY LAW TRIBUNAL, KOLKATAMaintainability of application - initiation of CIRP - Operational Creditor is constrained to take action against the Corporate Debtor on failure of them to pay the admitted debts - existence of debt and dispute or not - application filed by an authorized person or not - issuance of demand notice as per the provisions of the IBC, 2016 and the Rules and Regulation framed thereunder or not - privity of contract between Operational Creditor and Corporate Debtor - time limitation - HELD THAT:- It appears that the Operational Creditor has a good case to be tried in Civil Court but not before this Adjudicating Authority because the Corporate Debtor has raised so many issues regarding privitiy of contract with the Operational Creditor which cannot be sorted out or decided by this Adjudicating Authority in this matter of summary procedure. This Adjudicating Authority has a very limited jurisdiction of looking at the petition containing the information relating to existing outstanding debt and default in repayment thereof by the Corporate Debtor. If the Corporate Debtor has committed a default,the Operational Creditor has to place all documents on record. This Adjudicating Authority has only to see the authenticity of the information and the documents for reaching a conclusion whether a case for admission of the petition or initiation of CIRP is made out or not. The prayer clause of the Operational Creditor seeking directions upon the Corporate Debtor to produce all the documents by way of an affidavit, so that the Operational Creditor may prove its case against the Corporate Debtor is, to our mind, beyond our jurisdiction. Each Operational Creditor has to prove its own case. It cannot base its claim on the basis of documents to be produced by the opposite party and this Adjudicating Authority would not like to be passing such a direction upon the Corporate Debtor to facilitate the admission of petition filed by the Operational Creditor - Application dismissed.
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