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2018 (5) TMI 77 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - whether unpaid applicant workmen, who have provided services to the corporate debtor come within the purview of 'Operational creditor'? - Held that:- Application in joint capacity through their duly authorised representative as per the requirement of the format prescribed under the Rules is allowed. Accordingly application under Section 9 by unpaid workmen in a joint capacity is clearly maintainable. Unpaid applicant workmen, who have provided services to the corporate debtor, including those who are in employment clearly come within the purview of 'Operational creditor'. The respondent corporate debtor has specifically admitted the default in making payment of the dues to the applicant workmen. Besides the default/debt clearly exceeds the ceiling of ₹ 1 lakh, as provided in Section 4 of the Code. The corporate debtor has also not raised any dispute in respect of the claims of the applicant workmen. The present application preferred by the workmen operational creditors is complete and there has been clear admission of default by the respondent corporate debtor. The admission by respondent goes to show that the respondent corporate debtor committed default in payment of the dues of workmen even after demand made by the workmen operational creditors. Once the application is complete and in the absence of any resistance from corporate debtor, the application is liable to be admitted. Therefore, on fulfilment of the requirements of Section 9 (5) (i) (a) to (d) of the Code, the present application is admitted.
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