JUDGMENT

(Hybrid Mode)

[Per: Arun Baroka, Member (Technical)]

This judgment pertains to the appeal filed by Carestream Health India Private Limited (“Appellant”) against the order dated 24 March 2023 issued by the Adjudicating Authority (National Company Law Tribunal, Mumbai, Bench-V), which dismissed the Appellant’s application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (“IBC”) to initiate Corporate Insolvency Resolution Process (CIRP) against Seaview Mercantile LLP ("Respondent"). The NCLT held that the Appellant did not qualify as an "Operational Creditor" under the IBC as the claim did not arise from the provision of goods or services to the Respondent.

Brief facts of the case:

2. The facts of the case as relevant to decide the matter are noted herein. On 7 May 2019, the Appellant and Respondent entered into a "Without Prejudi