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2018 (9) TMI 1228 - Tri - Insolvency and BankruptcyCorporate insolvency proceedings - whether Corporate Debtor is liable to pay operational debt to the Petitioner/Operational Creditor? - Held that:- Section 3(23) defines “person” which includes entity established under a statute. Operational Creditor is shown as “M/s. Shruti Impex”, a sole proprietary firm. This firm is said to have been established under a statute. The copy of certificate of provisional registration GST certificate is filed. It is shown as Annexure-3 at page No.7. It is dated 28.06.2017. This certificate is issued under the provisions of an Act. The firm falls under Clause (g) of Section 3(23) Claim in respect of provision of goods supplied to the Corporate Debtor. Therefore, it is an operational debt. The Petitioner is an entity established under a Statute and comes within the definition of person. Therefore, Petitioner is an operational creditor. Thus, Operational creditor is entitled to maintain the present petition. The operational Creditor is able to establish that there is a default committed by the Corporate Debtor. Therefore, Petition is to be admitted. Hence, the Adjudicating Authority admits this Petition under Section 9 of IBC, 2016, declaring moratorium for the purposes referred to in Section 14 of the Code. Petition admitted.
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