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2019 (10) TMI 51 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHIAdmissibility of application - initiation of CIRP - Corporate Debtor - Section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- The claim made by ‘M/s. Ajanta Flat Owners’ Association’ having not supplied any goods nor given any services, cannot claim to be ‘Operational Creditor’ and thereby, the application under Section 9 was not maintainable. Further, the Adjudicating Authority and the ‘Interim Resolution Professional’ having been asked not to publish any notice in the newspaper normally the ‘Committee of Creditors’ should not have been constituted by the ‘Resolution Professional’ though it was informed it has been constituted - However, as we have held that the application under Section 9 was not maintainable and the parties have settled the matter, we set aside the impugned order dated 27th August, 2018 and dismiss the application under Section 9 filed by the Respondent- ‘M/s. Ajanta Flat Owners’ Association’. Application dismissed.
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