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2017 (8) TMI 454 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHICorporate insolvency procedure - Insolvency and Bankruptcy Code, 2016 - qualification to maintain an application as an 'Operational Creditor' - Held that:- The matter is covered against the Applicant by our order in case Col. Vinod Awasthy v. AMR Infrastructures Ltd. [2017 (5) TMI 663 - NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI] wherein held that the 'Operational Creditors' are those persons to whom the 'Corporate Debt' is owed and whose liability from the entity comes from a transaction on operations. The final report of the Committee in para 5.2.1 defines 'Operational Creditor' like the wholesale vendor of spare parts whose spark plugs are kept in inventory by Car Mechanic and who gets paid only after spark plugs are sold to acquire the status of 'Operational Creditor' so and so forth. The Petitioner in the present case has neither supplied any goods nor has rendered any service to acquire the status of an 'Operational Creditor'. We are further of the view that given the time line in the code it is not possible to construe section 9 read with section 5(20) & (21) of the Code so widely to include within its scope even the cases where dues are on account of advance made to purchase the flat or a commercial site from a construction company like the Respondent in the present case especially when the Petitioner has remedy available under the Consumer Protection Act and the General Law of the land. Therefore we are not inclined to admit the petition.
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