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2020 (3) TMI 89

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..... ansi Lal Bhat And Venugopal M., Judicial Member Mitesh Jain and Ms. Shruti Pandey, Advs. for the Appellant. Arpan Behl, Adv. for the Respondent. ORDER 1. This Appeal has been preferred by Mica Dredging Company Pvt. Ltd. ('Corporate Debtor' in Liquidation and represented through 'Liquidator') against order dated 23rd September, 2019 passed by the Adjudicating Authority (Nation .....

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..... e Debtor') mentioned that the Appellant cannot be treated to be a 'Corporate Debtor' for the purpose of present case, as it has filed application under section 9 of the I&B Code as an 'Operational Creditor'. He further submitted that the provision of section 11(d) is not applicable. 3. The submission as made by the learned Counsel for the Appellant cannot be accepted in view o .....

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..... been made. Explanation.-- For the purposes of this section, a corporate debtor includes a corporate applicant in respect of such corporate debtor." 4. In the present case, as we find that the Appellant is a 'Corporate Debtor', in respect of whom 'Liquidation Order' has been made, cannot make an application for initiation of 'Corporate Insolvency Resolution Process' under .....

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