TMI Blog2021 (1) TMI 1219X X X X Extracts X X X X X X X X Extracts X X X X ..... does not fall within the four corners of Operational Debt. Therefore, we are of the opinion that the alleged debt is not an Operational Debt as defined u/s 5(21) of IBC, 2016. The Present Petition is dismissed without any cost. - IB-112/ND/2020 - - - Dated:- 6-1-2022 - Bachu Venkat Balaram Das, Member (J) And Narender Kumar Bhola, Member (T) For the Appellant : Nidhi Vardhan, Adv. For the Respondents : Karan Luthra and Aarushi Tiku, Advs. ORDER Narender Kumar Bhola, Member (T) 1. Under consideration is IB-112/ND/2020 filed under Section 9 of the Insolvency Bankruptcy Code, 2016 (hereinafter referred as 'IBC, 2016') R/w Rule 6 of the Insolvency and Bankruptcy (Application to Adjudicating Authority) R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no payment was received pursuant to said demand notice, and hence, the captioned petition has been filed by the Operational Creditor for initiating the CIR Process of Corporate Debtor. 3. The Corporate Debtor has also filed reply to the captioned petition and submitted that present petition is not maintainable u/s. 9 of IBC, 2016, since there is no Operational Debt in existence within the meaning of Section 5(21) of the IBC, 2016 and alleged debt is not a claim in respect of provision of goods or services. It is further submitted that it is the admitted position that the operational creditor was not providing any services and/or supplying any goods to corporate debtor, there is no operational debt in existence and Chipson Aviation p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a debt in respect of the [payment] of dues arising under any law for the time being in force and payable to the Central Government, any State Government or any local authority; In Section 5(21) of the Code the phrase provision of goods and services is preceded by the phrase in respect of, which may result in two possible interpretations. Firstly, the phrase in respect of may be interpreted narrowly to mean a monetary claim of the provider of goods or services to the Corporate Debtor ( narrow interpretation ). Secondly, the phrase in respect of may be interpreted widely to include any claim arising out of or in relation to the contract for the provision of goods and services i.e., even the claim of the person in receipt of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. The Corporate Debtor also filed its Written Submission reiterated all the contentions already raised in the reply. In short, the corporate debtor raised objection regarding status of Operational Creditor as Operational Creditor and debt as operational debt, there is no privity of contract between the Operational Creditor and Corporate Debtor, Petition is barred by limitation, no debt is payable by the corporate debtor to the Operational Creditor. The Corporate debtor relied on Hon'ble NCLAT judgment in Roma Infrastructures India Pvt. Ltd. Vs. A.S. Iron Steel (I) Pvt. Ltd. (Company Appeal (AT)(Ins) No. 223 of 2019. The relevant extract is as follows: 4. Admittedly, Appellant-Roma Infrastructures India Pvt. Ltd. Has not supplied ..... X X X X Extracts X X X X X X X X Extracts X X X X
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