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TMI Blog2022 (5) TMI 203X X X X Extracts X X X X X X X X Extracts X X X X ..... perational Debt is essentially a claim in respect of (a) provision of goods; (b) provision of services, including employment; or (c) a debt arising under any statute and payable to Government/local authority. If the claim by way of debt does not fall under any of these three categories, the claim cannot be categorised as an operational debt, even though there may be a liability or obligation due from the corporate debtor to the creditor and, hence, such a creditor disentitled from maintaining an application for initiation of corporate insolvency resolution process of the corporate debtor. The case of PROMILA TANEJA W/O SHRI RAJESH TANEJA VERSUS SURENDRI DESIGN PVT. LTD. THROUGH ITS DIRECTOR SHRI YOGESH CHAUDHARY [ 2020 (11) TMI 545 - NA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Debtor has committed a default of payment of its rental dues, for a total outstanding amount of Rs. 1,81,02,961.96/- (Rupees One Crore Eighty-One Lakhs Two Thousand Nine Hundred Sixty-One Rupees and Ninety-Six Paise Only). 2. Brief facts of the case, which are relevant to the issue in question, and as narrated by the Petitioner are as follows: 3. The Operational Creditor is in the business of providing workspace services to various clients and the Corporate Debtor is in the business of online real estate properties listings and was interested in availing workspace from the Operational Creditor for carrying on its online business activities. Both the Applicant and the Respondent entered into a Service Agreement dated 12.06.2019, Serv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Termination Notice stating that the same is invalid and illegal as at least three months written notice for termination of service agreement is mandatory as per the Service Agreement. The Operational Creditor issued a Demand Notice dated 09.07.2021 under Section 8 of the IBC, 2016 demanding payment of the unpaid dues from the Corporate Debtor. The Corporate Debtor issued a reply to the Demand notice by an email dated 07.08.2021, denying the payment of dues to the Petitioner. 6. The Respondent in his objection has denied the allegations raised by the Petitioner. It is submitted by the respondent that the present petition was a sheer attempt of the petitioner to disrupt the Respondent Company's business and to degrade the reputation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come within the meaning of Operational Creditor as defined under sub-section (20) read with sub-section (21) of section 5 of the IBC, 2016. 10. Another Bench of the Hon'ble Appellate Tribunal has taken a different view in the matter of Anup Sushil Dubey v National Agriculture Co-operative Marketing Federation of India Ltd. (Company Appeal (AT) (Insolvency) No. 229 of 2020 dated 07.10.2020, where it was held that lease rentals arising out of use and occupation of Cold Storage which was for commercial purpose was Operational Debt under Section 5(21) of the Code. In Paragraphs 20 and 21 of the said Judgment (supra), there is reference of definition of service under the Consumer Protection Act, 2019 and a list of activities whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idered, and since no stay was granted by the Hon'ble Apex Court, Promila Taneja decision is binding on this Tribunal, as on date. 13. On 07.03.2022 the Hon'ble NCLAT in Company Appeal (AT) (Insolvency) No. 423 of 2021 in Jaipur Trade Expocentre Private Limited vs. Metro Jet Airways Training Private Limited after noting down the divergent views expressed in M. Ravindranath Reddy (supra) and Anup Sushil Dubey (supra) referred the subject issue to a larger Bench. However, the decision of the Hon'ble NCLAT in Promila Taneja (supra) was not referred to while referring the matter of Jaipur Trade Expocentre Private Limited to the larger Bench. In any event, for the same reason i.e., being the latest judgement and where the decisions ..... X X X X Extracts X X X X X X X X Extracts X X X X
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