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2017 (10) TMI 1131 - Tri - Insolvency and BankruptcyCorporate Insolvency resolution process - Held that:- In the present case time was afforded to the applicant on 24.08.2017, for removal of the aforesaid defect. The applicant has filed certified Bank statements along with copy of report of Chartered Accountant dated 29.07.2017 on 30.08.2017, which cannot be termed as compliance of sub-section (3)(c) of Section 9 of the Code. Despite opportunity afforded admittedly the applicant has failed to complete the required documents till date. The word “shall” used in sub-section (3) of Section 9 of the Code shows mandatory requirement, which includes inter alia clause C of sub-section (3). Therefore, on a bare perusal of the above-mentioned provision it is clear that furnishing of certificate from the relevant financial institution by applicant inter alia is a mandatory requirement under Section 9 of the Code and in the absence of such certificate from the financial institution maintaining accounts of the operational creditor, the application filed by the applicant is clearly incomplete. As a sequel to the above discussion the present application filed by operational creditor is rejected being incomplete.
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