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TMI Blog2019 (12) TMI 1589X X X X Extracts X X X X X X X X Extracts X X X X ..... t, Member (Judicial) And Justice Venugopal M., Member (Judicial) For Appellant: Mr. K. Kumar, Senior Advocate with Mr. Y.Lokesh and Mr. Ashish Kumar Upadhayay, Advocates For Respondent: Mr. R. Sudhakaran, Advocate ORDER 'M/s. Consolidated Construction Consortium Limited'- ('Operational Creditor') moved an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code" for s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ated Construction Consortium Limited'- ('Operational Creditor') has issued order for supply of material to one 'M/s. Hitro Energy Solutions', which is a separate Company. 4. It is submitted by the counsel for the Appellant that neither goods were supplied by 'M/s. Consolidated Construction Consortium Limited'- ('Operational Creditor') nor given any services to 'M/s. Hitro Energy Solutions Private ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat 'M/s. Hitro Energy Solutions Private Limited' prepared a 'Memorandum of Association' on 22nd January, 2014 to take over 'M/s. Hitro Energy Solutions Private Limited' to whom 'Purchase Order' was issued by 'M/s. Consolidated Construction Consortium Limited'- ('Operational Creditor'). 7. However, there is nothing on the record to suggest that by any list prepared 'M/s. Hitro Energy Solutions Pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... kes it clear that 'M/s. Consolidated Construction Consortium Limited' is a 'Purchaser' and do not come within the meaning of 'Operational Creditor' having not supplied any goods nor given any services to 'M/s. Hitro Energy Solutions Private Limited'. In any case, whether 'M/s. Hitro Energy Solutions Private Limited' or 'M/s. Hitro Energy Solutions' all 'Purchase Orders' having issued on 24th June, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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