2017 (10) TMI 1131

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....the Insolvency and Bankruptcy (Application to Adjudicating Authority) Rule, 2016 (for brevity 'the Rules') for initiation of Corporate Insolvency resolution process in respect of Respondent corporate debtor. 2. In brief the applicant M/s Sonitech Travels Co. a proprietorship concern, claims to be an operational creditor having its registered office at H-147, B-Block Gopal Nagar, Najafgarh, New Delhi-110043. It is the case of the applicant that the respondent Company (Corporate Debtor) has availed transportation / travel services provided by the applicant from the year 2011 to 2012 and accordingly the bills/ invoices were raised and issued to the Corporate Debtor's Company for such services availed by the Corporate Debtor. It ....

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....corporate insolvency resolution process, the copy of the certificate from the financial institutions maintaining accounts of the Operation Creditor , confirming that there is no payment of an unpaid operational debt by the Corporate Debtor. In the present case the OC has deliberately not filed any such certificate and hence the application is liable to be dismissed on this ground alone." 5. It is seen from the records that vide order dated 24.08.2017 the applicant was informed that the petition suffers from certain technicalities. Time was duly afforded to the applicant to remove the objections with respect to filing of certificate as required under Section 9 sub-section (3)(c) of the Code. Nevertheless, the requisite certificate from th....