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2021 (7) TMI 715 - Tri - Insolvency and BankruptcyOperational Creditor or Financial Creditor - Seeking to declare applicant/GNIDA as Operational Creditor in the 6th CoC - seeking for issue of necessary directions for upholding and continuing the already declared position/status of the applicant/GNIDA as 'Financial Creditor' as per the earlier decision taken in the 4th meeting of CoC on 21.10.2019 - HELD THAT:- Similar issue decided in the case of VMS EQUIPMENT PVT. LTD. VERSUS PRIMOSE INFRATECH PVT. LTD. [2020 (10) TMI 385 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCH] where the applicant had challenged the decision taken by the CoC in its 6th meeting dated 17.12.2019, by which the applicant i.e. Greater Noida Authority was declared as an Operational Creditor instead of Financial Creditor - this Adjudicating Authority, after considering the submissions of the applicant as well as RP and the decisions referred by the parties, passed a detailed order and confirmed the decision of the RP, to treat the applicant as an Operational Creditor instead of Financial Creditor. Since the similar issue raised earlier by the applicant has already been decided by this Bench, hence, the present application is not maintainable - application dismissed.
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