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2021 (1) TMI 1219 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - advance payment paid by the Operational Creditor and not refunded by the Corporate Debtor - Operational Creditors - existence of debt and dispute or not - HELD THAT:- It is an admitted position that in the instant case, it is the corporate debtor who is the service provider and not operational creditor and operational creditor has only filed the present petition on the basis of an advance payment paid by the Operational Creditor and not refunded by the Corporate Debtor. The said advance does not fall within the four corners of Operational Debt. Therefore, we are of the opinion that the alleged debt is not an "Operational Debt" as defined u/s 5(21) of IBC, 2016. The Present Petition is dismissed without any cost.
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