TaxTMI 
TaxTMI 
2019 (3) TMI 1664
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....naharta Health Visionaries Pvt.Ltd., stating that the Corporate Debtor defaulted in making payment of Rs.3,41,30,397.50/-, given the same, this Company Petition is filed for initiation of Corporate Insolvency Resolution Process (CIRP) against the Corporate Debtor. 2. The Counsel for the Operational Creditor states that the Operational Creditor and the Corporate Debtor had entered into Leave and License Agreement on 05.02.2015, wherein it was agreed that the Corporate Debtor would use the Hospital Premises of the Operational Creditor on Lease for the term of 5 years. The said Agreement was duly registered on the same date. The whole Leased premises was divided into two parts,i.e. part A and part B. It was agreed that if the Corporate Debto....
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....e counsel for the Operational creditor states that the Operational Creditor had issued a letter dated 28.03.2015 stating that the Basement area of the same building wherein the leased property is situated will be handed over by the Operational Creditor to the Corporate Debtor and for the same, the Corporate Debtor will pay Rs.30 per square feet. Further, the Corporate Debtor was under obligation to pay for insurance premium during the lease period. However, Corporate Debtor failed to comply with the same. Hence, the Operational Creditor has paid the Insurance Premium. 6. The Counsel for the Operational Creditor had requested for the making payments, but the Corporate Debtor did not make the payment. The Operational Creditor had issued Leg....
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....on for recovery of license fees rent is not maintainable under Insolvency and Bankruptcy Code, 2016 as already referred above and in any event, it is a settled law that IBC, 2016 shall not be used as a substitute for recovery of money. 11. As per oral understating arrived and acted upon between parties, only rent till March 2017 was payable by corporate Debtor, which has already been adjusted towards the security deposit. The Operational Creditor has not issued any invoice towards license fees after 31st March 2017 and thus on this count alone, the Company Petition deserves to be dismissed with heavy costs. 12. The Ld. Counsel states that the Operational Creditor has never demanded the said amount allegedly payable by the Corporate Debt....
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....the operational creditor has filed an application, which is otherwise complete, the adjudicating authority must reject the application under Section 9(5)(2)(d) if notice of dispute has been received by the operational creditor or there is a record of dispute in the information utility. It is clear that such notice must bring to the notice of the operational creditor the existence of a dispute or the fact that a suit or arbitration proceeding relating to a dispute is pending between the parties. Therefore, all that the adjudicating authority is to see at this stage is whether there is a plausible contention which requires further investigation and that the dispute is not a patently feeble legal argument or an assertion of fact unsupported....
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....nce the Petitioner is not entitled to maintain the petition as an Operational Creditor. 17. In this case, it has been observed by the Tribunal that the amount claimed as due by a person representing as Operational Creditor should demonstrate firstly that the said amount in default falls within the definition of 'Claim' as defined under Section 3(6). Such a claim, secondly should be capable of being treated as a 'debt' as defined under Section 3(11) of IBC, 2016 and finally the 'debt' should fall within the confines of Section 5(21) of IBC, 2016, i.e. it should be capable of being treated as an 'Operational debt' and such an operational debt must be owed by the Corporate Debtor to a credit who can then be considered as an Operational Credi....
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....reditor' as defined under sub-section (20) read with sub-section (21) of Section 5 of the IBC, 2016 for triggering insolvency and bankruptcy process under Section 9 of the IBC." 20. In this case, admittedly here, Petitioner has filed this Petition relating to the claim following amount as mentioned in Annexure IV of the petition which is given below: 21. On perusal of the above chart, it is apparent that the petitioner/operational creditor has claimed the license fee of the hospital premises, amount receivable towards charges for basement and casualty in the building as per the agreement, along with the claim of amount receivable on account of purchase of medical equipment, the amount receivable towards reimbursement of insurance of bui....