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2018 (1) TMI 229 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICorporate Insolvency Resolution Process - absence of ‘records of default’ - Held that:- In this case, we find that the application preferred by Respondent under Section 7 is not complete in absence of ‘records of default’, as required in terms of sub-section (3) (a) of Section 7 of the ‘I&B Code’. In such case, it was not open to the Adjudicating Authority to entertain the application preferred by Respondent. This apart, as we find that the application under Section 7 of the ‘I&B Code’ in Form-1 has not been filed by the Respondent- ‘Operational Creditor’, but an Advocate, Mr. Rohit Khanna, who is neither Authorised Representative nor holds any position with or in relation to the ‘Financial Creditor’, as required to be stated as Form-1 of the Adjudicating Authority Rules, 2016, we hold that application under Section 7 of the ‘I&B Code’ was not maintainable at the instance of the Respondent.
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