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 – Anand Natvarlal Khant Vs. Kush Structure Pvt. Ltd. – NCLAT New Delhi

NCLAT held that 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 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. We, thus, decline to interfere with the impugned order or admit the Appeal. The Appellant has been granted liberty to approach appropriate forum by the Adjudicating Authority. Appellant will be further at liberty to file another application under Section 9 of IBC after following appropriate procedure, if so advised.

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