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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 ..... d on 24th June, 2013 and advance cheques have been issued for subsequently such orders, M/s. Consolidated Construction Consortium Limited cannot move application under Sections, 7 or 9 or the I B Code . As the application under Section 9 was not maintainable at the instance of M/s. Consolidated Construction Consortium Limited , we set aside the impugned order dated 6th December, 2018. The application under Section 9 preferred by M/s. Consolidated Construction Consortium Limited is dismissed. - Company Appeal (AT) (Insolvency) No. 19 of 2019 - - - Dated:- 12-12-2019 - Justice S.J. Mukhopadhaya, Chairperson, Justice Bansi Lal Bhat, Member (Judicial) And Justice Venugopal M., Member (Judicial) For Appellant: Mr. K. Kumar, Sen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Solutions Private Limited who was shown as Corporate Debtor , M/s. Consolidated Construction Consortium Limited does not come within the meaning of Operational Creditor in terms of Section 5(20) read with Section 5(21) of the I B Code . 5. Further, according to the counsel for the Appellant, the requisition for supply was made to M/s. Hitro Energy Solutions Private Limited by Purchase Order to one M/s. Hitro Energy Solutions , which is a proprietary concern and M/s. Hitro Energy Solutions Private Limited which is a separate entity (Company). If the period of limitation is counted, the application under Section 9 was also barred by limitation. 6. Mr. R. Sudhakaran, learned counsel appearing on behalf of M/s. Consolidat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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, 2013 and advance cheques have been issued for subsequently such orders, M/s. Consolidated Construction Consortium Limited cannot move application under Sections, 7 or 9 or the I B Code . 10. As the application under Section 9 was not maintainable at the instance of M/s. Consolidated Construction Consortium Limited , we set aside the impugned order dated 6th December, 2018. The application under Section 9 preferred by M/s. Consolidated Construction Consortium Limited is d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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