While analyzing the present facts in the light of said definition under Section 5(21), it is observed that the Operational Creditor is engaged in the business of manufacturing of pharmaceutical products, p articularly plasma products such as Rhogam, an Anti-D immunoglobulin. The Operational Creditor entered into a Distribution Agreement dated 21.03.2014 with the Corporate Debtor for the purposes of distribution and sale of its pharmaceutical products only until the subsidiary/lndian affiliate of the Operational Creditor namely M/s Kedrion India Biopharmaceuticals Pvt. Ltd. was capable of doing so and raised several invoices upon the Corporate Debtor with respect to the sale and distribution of its pharmaceutical products. However, no amount has been received by the Operational Creditor against any of the three invoices namely invoice no. 'DMI 4169626' dated 19.12.2013 amounting to USD 25,800/-, invoice no. 'DMI 4174867' dated 25.04.2014 amounting to USD 6,32,100/- and invoice no. 'DMI 4202417' dated 23.05.2014 amounting to USD 604,055.40/- . Furthermore, on the consideration of the transactional invoices, as annexed by the Operational Creditor, and placed before us, we are of the view that there had been a transaction between the Operational Creditor and the Corporate Debtor and that the Operational Creditor has supplied goods to the Corporate Debtor and therefore, is claiming the payment in respect of the invoices so raised. Hence, this Adjudicating Authority is inclined towards believing that the debt claimed by the petitioner for provision of pharmaceutical products comes under the purview of ‘Operational Debt’ within the meaning of Section 5(21) of the Code.
