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2019 (6) TMI 831 - Tri - Insolvency and BankruptcyInitiation of corporate insolvency resolution process - defaults committed in relation to the invoices raised for supply of goods to the corporate debtor - section 9 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- An operational creditor as defined under the provisions of the IBC, 2016 should be a person as defined under section 3(23) of the IBC, 2016 in order to maintain a petition under section 9 of the IBC, 2016. In the absence of a sole proprietary concern not being included in the definition a "person", this Tribunal is of the considered view that this petition cannot be maintained. The IBC, 2016 is a code by itself and a petition should succeed or fail in terms of the provisions contained judgments pronounced by judicial authorities as to the competency of a sole proprietary concern to initiate legal proceedings in its own name, as has been done herein, may not be out of context. Petition dismissed.
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