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TMI Blog2018 (2) TMI 446X X X X Extracts X X X X X X X X Extracts X X X X ..... g Authority) Rules, 2016 (hereinafter referred to Adjudicating Authority Rules, 2016) for initiation of corporate insolvency process against corporate debtor, Tayo Rolls Ltd. 2. Brief facts of the case are the following: - The applicant operational creditor is Mr Suresh Narayan Singh whose identification No. is not given in the application, having his office at 47, P. Road, Bistupur, Jamshedpur, District East Singhbhum, Jharkhand - 831001. The Corporate debtor is Tayo Rolls Ltd. whose identification No. is L27105JH1968PLC000818 having its registered office at 3, Circuit House Area, (North East), Road No. 11, Bistupur, Jamshedpur, Jharkhand - 831 001. 3. The petitioner has stated that the respondent/corporate debtor Tayo Rolls Ltd. has ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10/2017 issued to the corporate debtor under Section 8 of the I & B Code which is annexed with the application and marked as Annexure G. State Bank of India issued certificate dated 7/11/2017 certificating that no payment was made by the corporate debtor from October 2016 to October 2017. A copy of the document is annexed with the application and marked Annexure H. 6. This petition has been filed under Section 9 of the I & B Code by Shri Suresh Narayan Singh as an authorised representative of 284 workers of Tayo Rolls Ltd. The petitioner has filed affidavit of 284 workers dated 16/10/2017 whereby the petitioner Shri Suresh Narayan Singh has been authorised as President and Shri T.R. Pandey, as Secretary of the Tayo Workers Union to represe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h can be moved by the financial creditor, but the language of Sec. 9 of the Code does not provide provision for "joint application". 10. The word "operational creditor" used in Sections 8 of I B Code itself shows that it is used in the singular form. There is no such provision for "joint application" in Section 8 & 9 of I B Code. But the same is provided under Sections 7 of the I & B Code. Therefore, the application filed by Shri Suresh Narayan Singh on behalf of several workers in the representative capacity as an operational creditor is not maintainable on this ground. 11. It is pertinent to reproduce Section 8 of the I & B Code for ready reference which is as under : "An operational creditor may, on the occurrence of a default, deliv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... priate Authorities. 15. This petition under Section 9 of the I & B Code cannot be filed in the representative capacity of 284 workers. The petitioner has filed this petition in the representative position of 284 employees which is not maintainable under Section 9 of the I & B Code. The operational creditor himself can file a petition regarding the debt of other persons, only in case debt is assigned or transferred to him. On this ground, the petition is not maintainable. 16. As per law laid down by Hon'ble NCLAT in Uttam Galva Steels Ltd joint petition on behalf of 284 workers in a representative capacity is not maintainable, because joint demand notice U/S 8 of I&B Code is not permissible. In case of Uttam Galva Steels Ltd. v. DF Deuts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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