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2021 (5) TMI 472 - Tri - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of dues - here the applicant is Corporate Applicant - main matter against the applicant has been filed under section 7 of IBC, 2016 - HELD THAT:- It is clearly evident from the bare perusal of the section 10(3) (a) of IBC, 2016, that it deals with the 'Corporate Applicant' whereas, the applicant in the present application is 'Corporate Debtor' in the main matter i.e., IB-1772/ND/2019 along with that the main matter has been filed under section 7 of IBC, 2016 not under the section 10 of IBC, 2016. Hence, it is clearly evident that the application has been filed under section 10(3)(a) of IBC, 2016 whereas the main matter against the applicant has been filed under section 7 of IBC, 2016, meaning that the applicant is not the Corporate Applicant in the main matter. Thus, the present application is not maintainable and no direction prayed in the present application can be granted to the applicant. Application dismissed.
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