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2019 (12) TMI 1589 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL NEW DELHIMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute or not - HELD THAT:- The ‘Purchase Orders’, which makes it clear that ‘M/s. Consolidated Construction Consortium Limited’ is a ‘Purchaser’ and do not come within the meaning of ‘Operational Creditor’ having not supplied any goods nor given any services to ‘M/s. Hitro Energy Solutions Private Limited’. In any case, whether ‘M/s. Hitro Energy Solutions Private Limited’ or ‘M/s. Hitro Energy Solutions’ all ‘Purchase Orders’ having issued on 24th June, 2013 and advance cheques have been issued for subsequently such orders, ‘M/s. Consolidated Construction Consortium Limited’ cannot move application under Sections, 7 or 9 or the ‘I&B Code’. As the application under Section 9 was not maintainable at the instance of ‘M/s. Consolidated Construction Consortium Limited’, we set aside the impugned order dated 6th December, 2018. The application under Section 9 preferred by ‘M/s. Consolidated Construction Consortium Limited’ is dismissed.
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