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2023 (8) TMI 1099
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.... No. 3646 of 2023 - -<br>Insolvency & Bankruptcy<br>[ Justice Ashok Bhushan ] Chairperson And [ Barun Mitra ] Member ( Technical ) For the Appellant : Mr. Sonam Sharma , Ms. Riddhi Jain , Advocates ORDER Heard Learned Counsel for the Appellant. 2. This Appeal has been filed against the order dated 17.05.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai B....
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....in event the tender was accepted the Appellant would have been providing services to the Respondent. It is submitted that the said amount can be treated as advance payment and it is covered by operational debt. Learned Counsel for the Appellant has placed reliance on the judgment of the Hon'ble Supreme Court in "Consolidated Construction Consortium Limited vs. Hitro Energy Solutions Private Limite....
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....services is covered by operational debt. Learned Counsel for the Appellant has relied on paragraph 50.1 of the judgment which is to the following effect:- "50.1. First, Section 5(21) defines "operational debt" as a "claim in respect of the provision of goods or services". The operative requirement is that the claim must bear some nexus with a provision of goods or services, without specif....