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TMI Blog2021 (7) TMI 1438X X X X Extracts X X X X X X X X Extracts X X X X ..... service rendered. The Section 8 notice relied on also does not show material as to service rendered. Under the provisions of IBC, to be an Operational Creditor it is necessary to show that there is an operational debt which has to be a claim with regard to provision of goods or services. These important ingredients are missing in the present matter. The impugned order need not be interfered with - appeal disposed off. - Justice A.I.S. Cheema, The Officiating Chairperson And Dr. Alok Srivastava, Member (Technical) For Appellants: Ms. Ranu Purohit, Mr. Pradhuman Gohil, Ms. Tanya Srivastava and Ms. Jasleen Bindra, Advocates. For Respondent: Mr. Purvish Malkan, Advocate. ORDER This Appeal has been filed by the Appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der:- 12. Gone through the records and also seen the documents. The applicant claimed to have entered into an agreement with respondent for construction work Dang, Ahwa, Government School contract at village Ambapada. Admittedly, the construction work was awarded to the corporate debtor and the corporate debtor is to receive payment from the Government for the said construction. 13. On perusal of the application, i.e. Form 'V' meant for operational creditor, Part IV, Clause 1 and 2, the operational creditor categorically mentioned about invoice/bill/debit note, which are not annexed with the application. However, the said clause-2 read as under:- The total amount of receivable/total amount of debt is INR29,00,000/-, not i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent, any State Government or any local authority 15. To attract the provision of IB Code under Section 9, there must be 'due' and 'default' which is found absent in the instant application. The instant application is also not complete as the due date and default date is not provided, even no invoices are annexed or ever raised upon corporate debtor. In absence of such primary information, it is difficult to come to the conclusion that the amount claimed is operational debt, hence, the application is dismissed. No order as to costs. 16. However, the findings or observations made in this order shall not come in the way of the applicant/ petitioner to approach any other forum/competent authority or any appropriate court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.29,00,000/-, not including interest on the principal sum calculated at the rate of 18% per annum from the respective due date of the invoice/debit note. Such interest at the rate of 18% per annum is due to be payable till payment and/or realization. 5. On the above basis the amount of default is calculated and Section 9 application was filed and it is claimed that the Appellant is entitle to 20% of the amount received by the Respondent under the Construction Agreement. 6. We find substance in finding of the Adjudicating Authority that there was no material of service rendered. The Section 8 notice relied on also does not show material as to service rendered. Under the provisions of IBC, to be an Operational Creditor it is necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X
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