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TMI Blog2022 (7) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... ion-8(i) and 9(i) of the Insolvency and Bankruptcy Code make it clear that there has to be delivery of notice by the Operational Creditor to the Corporate Debtor. Unless Operational Creditor shows proof with the required evidence that in spite of delivery of demand notice under Section 8 of IBC, the Corporate Debtor failed to make payment of operational debt, the Operational Creditor cannot initiate CIRP of the Corporate Debtor. In this case, evidence of delivery of notice is lacking. Application dismissed. - CP (IB) No. 667/AHM/2019 - - - Dated:- 20-7-2022 - M.B. Gosavi, Member (J) And Kaushalendra Kumar Singh, Member (T) For the Appellant : Digant B. Kakkad, Advocate For the Respondents : Kuntal Parikh, Advocate ORD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred inspite of the fact that there is no case on the part of the petitioner as it was never stated by the petitioner to respondent that he would be charging any fees for obtaining proposal from Kotak Mahindra Bank. Thus, no services were availed by the respondent from the petitioner and therefore no debt is owned by the respondent towards the petitioner. The present petition is therefore, a clear abuse of process of law and deserves to be dismissed at threshold. 3. We heard Learned PCS for the Operational Creditor and learned counsel for the Corporate Debtor. We have perused the evidence and material placed on record. 4. The Operational Creditor has come out with clear case that it has rendered services of preparation of the docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the work done by Operational Creditor. In such situation, we cannot admit the Corporate Debtor in CIRP on the basis of insufficient and disputed evidence on record. 7. There is one more aspect needs our consideration, i.e, this application is filed by Proprietary Firm-Non Juristic Entity. Section 5(20) of IBC defines operational creditor means a person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred. Section 3(23) defines person - 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 perso ..... X X X X Extracts X X X X X X X X Extracts X X X X
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