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TMI Blog2020 (3) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... for providing electricity. Electricity charges are to be reimbursed by the Corporate Debtor based upon its consumption. Similarly, water charges are also to be paid. These activities clearly fall in the definition of provisions of Services as defined in Section 5(21) of IBC, 2016 as the definition in Section 5(21) means a claim in respect of the provision of Services - the contention of the Corporate Debtor that since main services cannot be categorized as operational debt, these will also not construe as operational debt, is rejected - further, no such restriction/condition exists in provisions of Section 5(21) of IBC, 2016, hence, for this reason also, we see no merit in this contention of the Corporate Debtor. Notice u/s 8 of IBC, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bt by e-mail dated 14th May 2018. Our attention was also drawn to the Ledger Account, copy of Invoices and terms conditions of the Agreement/Lease Deed. It was specifically argued that it was not a case simply of outstanding amount only on account of lease rent but amount of electricity charges, diesel, sewer and water charges were also due. Our attention was specifically drawn, in this regard, to page No. 41 containing details of such charges. Based upon this statement, it was pleaded that even if the lease rent was not considered as operational debt, in view of the decision of the Hon'ble NCLAT, still this application was maintainable as the amount on account of other charges was much more than the threshold limit of ₹ 1 Lac. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvices cannot be categorized as operational debt, these will also not construe as operational debt. In this regard, we are further of the view that no such restriction/condition exists in provisions of Section 5(21) of IBC, 2016, hence, for this reason also, we see no merit in this contention of the Corporate Debtor. As evident from the above discussion that the decision of Hon'ble NCLAT clearly distinguishable on facts, hence, ratio of same is not applicable. 6. Notice u/s 8 of IBC, 2016 has duly been served and acknowledged. The application is otherwise complete and defect-free. The name of the IRP is not proposed as it is not mandatory for an application filed under section 9 of IBC, 2016, hence, we shall appoint IRP from the pane ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nterest created by the corporate debtor in respect of its property including any action under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor; (v) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated, suspended, or interrupted during moratorium period; (vi) The provisions of sub-section (1) shall not apply to such transactions as may be notified by the Central Government in consultation with any financial sector regulator; (vii) The order of moratorium shall have effect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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