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Issues: Whether an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 can be maintained or continued when the principal operational debt has been paid and only a claim for interest survives.
Analysis: The principal amount due to the operational creditor stood discharged, and the settlement did not contain any covenant for payment of interest. Operational debt under Section 5(21) of the Insolvency and Bankruptcy Code, 2016 does not include interest, whereas financial debt under Section 5(8) expressly contemplates interest if any. Once the operational debt itself is paid, the remaining claim for interest alone does not constitute operational debt for the purpose of initiating or continuing CIRP under Section 9. The insolvency process cannot be used as a recovery mechanism for an unagreed claim of interest, and any independent remedy for interest, if available in law, lies before the competent forum.
Conclusion: The application under Section 9 of the Insolvency and Bankruptcy Code, 2016 cannot be maintained or continued for a mere claim of interest after discharge of the principal operational debt.