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2018 (2) TMI 884 - Tri - Insolvency and BankruptcyCorporate Insolvency Resolution Process - Held that:- We have seen the primary document, Annexure-R/1 which is entered between M/s. Blue Star Alloys Pvt. Ltd. and the respondent company. The respondent company has also relied on Annexure-R/5, the power of attorney given by M/s. Blue Star Alloys Pvt. Ltd., in favour of Shri Mohammed Saleem Shaikh wherein he was only an authorised representative to lift the scrap material from the respondent company and that too on behalf of M/s. Blue Star Alloys Pvt. Ltd. The same Mr. Mohammed Saleem Shaikh is representing the petitioner company in this petition. So, it is only a power of attorney of M/s. Blue Star Alloys Pvt. Ltd. The petitioner has no locus standi to initiate Insolvency Resolution Process against the respondent. The petitioner is not the operational creditor of the respondent. Therefore, the present petition is liable to be rejected.
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