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2018 (4) TMI 937 - AT - Insolvency and BankruptcyCorporate Insolvency Resolution Process - whether non-payment of advance could not give rise to a claim as an operational debt? - Held that:- The claim set up by the Appellant does not fall within the definition of operational debt, default in respect whereof would justify triggering of ‘Corporate Insolvency Resolution Process’ in terms of Section 9 of ‘I&B Code’. What emerges from record is that there is a plausible dispute between the parties in regard to execution of contract involving supply of material as well as rendering of works at the site. The mere fact that the Operational Creditor was entitled to mobilization advance prior to commencement of actual work in the wake of Corporate Debtors plea that no machinery or equipment was moved to the construction site raised a debatable issue which could be agitated before the Civil Court. This is apart from the fact that the claim set up by the Appellant in the final bill dated 4th September, 2017 and the notice under Section 8 of ‘I&B Code’ is at variance. This Appellate Tribunal is of the opinion that there is no legal infirmity in the impugned order. Appeal dismissed.
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