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2021 (12) TMI 11 - AT - Insolvency and BankruptcyMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - privity of contract between the Appellant and Respondent or not - relationship as Operational Creditor and Corporate Debtor is not established as is required under Section 9 of IBC - HELD THAT:- The Appellant has produced no document in the form of a contract to establish such a relationship. An e-mail dated 21.4.2018 is the first such communication sent by the Appellant to the Respondent, which the Appellant has used to show such a relationship with the Corporate Debtor. This e-mail contains the claim of Appellant that he was engaged to provide services by the Statutory Auditor of Corporate Debtor Mr. Arun Kishore, and on such a request he agreed to provide requisite services to the Corporate Debtor. He has further explained in this email the work carried out by him for the Corporate Debtor and also mentioned raising of four invoices amounting to ₹ 1,81,000/- to the Corporate Debtor on account of services rendered by him. On juxtaposing the definition of ‘Operational Creditor’ and ‘Operational Debt’ as included in IBC with the work relationship as is evidenced in the e-mail dated 21.4.2018 sent by the Appellant to the Respondent and the affidavit of Arun Kishore (supra), we find that the Applicant was employed by Mr. Arun Kishore, Statutory Auditor of Corporate Debtor to provide certain services. Therefore, the Appellant did not have the relationship of Operational Creditor with the Corporate Debtor for provision of any services. The Adjudicating Authority has thus found absence of privity of contract between the Applicant and the Respondent in the Impugned Order. The Appellant has not been able to establish or show evidence of his engagement or employment by the Corporate Debtor - Appeal dismissed.
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