2019 (12) TMI 1323 - AT - Insolvency and Bankruptcy

Maintainability of application - initiation of CIRP - Corporate Debtor or not - Condonation of delay of 14 days in filing appeal - HELD THAT - Admittedly, the Appellant has not supplied any goods nor rendered any services; the Appellant is not an employee of the Corporate Debtor nor is Government Authority, therefore, it does not come within the meaning of Operational Creditor as defined under Section 5(20) r/w 5(21) of the Insolvency and Bankruptcy Code, 2016 and the application under Section 9 of the I B Code was not maintainable as held by the Adjudicating Authority. The delay of 14 days in preferring the appeal is condoned - the appeal is dismissed.

Summary

The Appellate Tribunal dismissed the appeal as the Appellant did not qualify as an Operational Creditor under the Insolvency and Bankruptcy Code, 2016. The appeal was not maintainable as the Appellant had not supplied goods or services, nor was an employee of the Corporate Debtor or a Government Authority. The delay of 14 days in filing the appeal was condoned.