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2019 (2) TMI 216 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAIInitiation of Corporate Insolvency Resolution Process - Corporate Debtor defaulted in making payment - Held that:- It is a point to be decided by a trial court as to whether the corporate debtor asking the petitioner to remain on standby during the period of April 2016 to deploy staff only in the case existing service provider created any disruption during the notice period, amounts to obligation upon the corporate debtor to pay the creditor for that month. As to make this claim, that there shall be unpaid invoice for the services rendered, here the invoice was initially paid, subsequent thereto, since the corporate debtor having realised that payment for the month of April was mistakenly made to the petitioner, strictly speaking it will not become operational debt as defined under the code. To construe a claim as operational debt, that there shall be a claim in the form of invoice over the services or goods supplied, then there shall be default, here both are absent because invoice was earlier paid, therefore the result is default against invoice is also absent. Petition dismissed.
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