1. Valuelabs LLP Plot No. 41, Survey No. 64 PhaseII, Software Units Layout, HiTech City, Hyderabad81 ...Respondent No.1. 2. Global Energy Private Ltd. Through its I.R.P. Mr. L.V. Shyamsundar 207, 2nd Floor Gera Imperium II Patto Plaza Patto Centre Panji M, Goa 403001 ...Respondent No. 2. Appellants: Mr. Abhijeet Sinha, Mr. Malak Bhatt, Ms. Neha Nagpal, Ms. Neoma Vasdev Gupta, Mr. Abhinav Mukherji, Mr. Usman Ali Khan, Ms. Deepika, Mr. Udbav Nanda, Mr. Harry Dhaul and Mr. Rajat, Advocates. Respondent: Mr. Ankur Goel, Advocate for R1. JUDGEMENT (Pronounced on 09th February, 2021) [Per; Shreesha Merla, Member (T)] 1. Challenge in this Appeal preferred by the Managing Director of M/s. Global Energy Private Limited (hereinafter referred to as 'GEPL') under Section 61 of the Insolvency and Bankruptcy Code 2016 (in short the 'IBC') is to the Order dated 02.12.2019, passed by the Learned Adjudicating Authority (National Company Law Tribunal, Mumbai Bench) in CP (IB) No. 2520/MB/2019, by which Impugned Order, the Adjudicating Authority has admitted the Section 9 Application filed by M/s. Valuelabs LLP (hereinafter referred to as the 'Operational Creditor') observing as follows; "17. Further, upon perusal of the agreed terms of the power purchase agreement, it is clear that the electricity generated by the Petitioner through its solar power plant could be injected into the electricity grid maintained by the DISCOM to be consumed by various consumers. Thereafter, the DISCOM acknowledges the receipt of particular of renewable energy and issues Generation Credit Note (GCN). Then on the basis of energy settlement/Report, the Petitioner raises the invoice as per the units consumed by the end consumer. The Corporate Debtor is liable to pay these invoices raised by the Petitioner whether they are banked units or other units as per to the agreed terms and conditions of the power purchase agreements and addendums executed between the parties. According to the Petitioner the mechanism of the banked units is that the total electricity generated by the generator during a period is more than the electricity actually consumed by the end consumer, the excess electricity is called banked units i.e. unconsumed electricity will go to the bank and are called banked units. He relied on the energy settlement/Report statement for the month of August 2017 which captures the column of bank units separately. Thus, the Energy Settlement/Report talks about two different units i.e. other units and bank units. Whereas the Corporate Debtor claims that the energy generated by the Petitioner is directed injected to the DISCOM and is banked and agreed and thus, there is no distinction between the normal units and the banked units. 18. There is no provision or discussion regarding the normal units and the banked units in the entire solar power purchase agreement and addendums executed between the parties. Evidently, there has been an agreement of sale of electricity and purchase of 2 Company Appeal (AT) (Insolvency) No. 1415 of 2019 electricity by and between the Petitioner and the Corporate Debtor. During the course of business, a new term called banked units were introduced and were agreed to be paid at certain rates/tariffs. The unpaid invoices raised by the Petitioner vide the invoice no. 10027, 10028, 10029 and 10043 dated 07.01.2016, 07.01.2016, 07.01.2016 and 18.01.2017 respectively amounting to Rs. 1,08,77,104/ is outstanding. And the unpaid invoices from 21.02.2017 to 20.04.2018 (annexures 122 131 of the Petition) amounts to Rs. 2,09,81,0