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2022 (2) TMI 1014 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHMaintainability of application - initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - scope of Corporate Person/Corporate Debtor - HELD THAT:- The fact that the Operational Creditor sent the Demand Notice under section 8 of IBC, 2016 dated 24.09.2019 in prescribed Form-3 demanding the payment of unpaid operational debt amounting to ₹ 20,76,923/- however, the Operational Creditor while filing the present application in prescribed Form-5 wherein, the part-IV containing Particulars of Operational Debt states that the Total amount of debt is 16,44,231/- which is a contrary amount to what was stated in section 8 Demand notice, however the Ld. Counsel for the Operational Creditor submitted that reason for change in amount is because the operational creditor accepted the assertion of the Corporate Debtor regarding being in employment since, 2007 and accordingly the Operational Creditor reduced the Gratuity amount. From the perusal of provision of section 3(7) of IBC, it is clear that a financial service provider is excluded from the definition of "Corporate Person" - Whereas, section 3(17) of the code defines "Financial Service Provider" means a person engaged in the business of providing financial services in terms of authorization issued or registration granted by a financial sector regulator. In the present case in hand the corporate debtor is a person engaged in the business of providing financial services in terms of the registration granted to it by the Reserve Bank of India, therefore it is clear that the Respondent do not come within the meaning of the Corporate Person/Corporate Debtor - this Tribunal hold that the present application under section 9 of IBC, 2016 is not maintainable. Application dismissed.
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