2020 (7) TMI 29

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.... : Ms. Garima Malhotra, Adv. and Kanva M. Antani For the Respondent : Rachna Pastore and Ms. Natasha Dhruman Shah ORDER MS. MANORAMA KUMARI, JUDICIAL MEMBER - 1.  The Instant Application IA 82 of 2020 in CP (IB) 04/2017, is filed by State Tax Officer-4 with the following prayer: i. Allow this application for restoring of the above-mentioned Applications bearing IA No. 684 of 2019 and IA....

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....f 2019 was filed by Sate Tax Officer- 4 with the prayer to issue appropriate directions to the liquidator to provide for payment of dues of Applicant (State Tax Officer) as Secured Creditors, as provided under the provisions of the Part I, Chapter III of the Insolvency & Bankruptcy Code 2016. 4. In this regard, this Adjudicating Authority is of the opinion that State Tax Officer cannot be conside....

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....es it will be a futile exercise, when the law is already settled defining the categories of "Operational Creditor" and "Financial Creditor" in view of the various Supreme Court Judgments. 5. Having considered the facts and circumstances as discussed hereinabove in sequel and the judgments of the Hon'ble Supreme Court, it is clear that Government dues fall under the category of "Operational Cr....