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TMI Blog2020 (2) TMI 1457X X X X Extracts X X X X X X X X Extracts X X X X ..... kruptcy (Application to Adjudicating Authority) Rules, 2016 [hereinafter referred to as "the Rules"], as operational creditor/applicant. 2. The respondent/corporate debtor is a company registered under the Companies Act, incorporated on 30.03.2006 having identification No. U26930GJ2006PTC048051 and having registered office at Dhuva, Dist. Rajkot, Gujarat State. Authorised share capital of the respondent company is Rs. 12,60,00,000/- and paid up share capital is Rs. 12,36,67,000/-. The respondent company is a manufacturer of ceramic tiles used for flooring purpose. 3. The applicant/operational creditor is proprietary concern of Mr. Piyush Bangar engaged in the business of supply of talc raw mix. 4. The applicant/operational creditor has s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... corporate debtor at page No. 703 is perused, it is clearly shown that the outstanding debt in respect of the operational creditor is Rs. 7,35,038/- only and not the amount claimed by the operational creditor. That, the corporate debtor is liable to pay only Rs. 7,35,038/- as the invoice dated 31.07.2016 is a bogus invoice. Findings 8. Notwithstanding above as those are the statements/ pleadings of the parties in support of their claim, before proceeding further it is necessary to deal with the legal issue i.e. whether any proprietorship firm claiming to be operational creditor can file a proceeding/suit as it is not legal entity in the eye of law. A proprietor ordinarily means a person who carries on trade or business in a name other than ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder: - "person" includes; (a) An individual; (b) A Hindu undivided family; (c) A company ; (d) A trust; (e) A partnership; (f) A limited liability partnership and (g) Any other entity established under a statute, and includes a person resident outside India On perusal of the definition it is clear that "person" must fall on the above category(s). In the case on hand, the petition is filed in the name of M/S. Mateshwari Minerals, a proprietary concern as operational creditor, who is not a "person" for the purpose of filing the application u/s. 9 of the I & B Code. Hence, on this ground itself the application is not maintainable. 14. It is also the duty of the Adjudicating Authority to dispose of cases "jus dicers", in acc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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