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2020 (9) TMI 517 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Debt - existence of debt and dispute or not - HELD THAT:- The petitioner has not been able to establish a contractual relationship with the corporate Debtor, as the very basis of claim namely the Invoice is in the name of Arogyam Hospital(third party) and as such the claim does not tantamount to a debt under Sec 5(21) of I & B code. The claim of fee at best could be a referral fee which is untenable in law and opposed to principles and guidelines, as laid down by Medical Council of India. Petition dismissed without costs.
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