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2019 (5) TMI 1140 - NATIONAL COMPANY LAW TRIBUNAL DIVISION BENCH, CHENNAIReduction of claim - 'existence of dispute' between the 'Corporate Debtor' and the 'Operational Creditor' with regard to supply of coal - HELD THAT:- This Applicant was directed to produce the invoices against the claim mentioned in the Original Company Petition but whereas this Applicant produced the invoices dated 04.11.2013 and 01.02.2014 which are not part of the Original Company Petition. It is also pertinent to mention that this Applicant also filed an appeal over the order passed by this Bench and that was dismissed, therefore it goes without saying that the order dated 18.09.2018 has attained finality. Since that order attained finality, the duty is cast upon this Applicant to place the invoices before the RP as against the dates and invoices mentioned in the Original Company Petition. This Bench therefore cannot go back as to what was said in the admission order dated 15.11.2017 or in the clarificatory order 18.09.2018 because once an order passed is pronounced by this Bench, it will become functus officio as to the adjudication already given, therefore, if at all this applicant being aggrieved of the order dated 18.09.2018, the applicant should have raised it's grievances before the Hon'ble Appellate Authority, that has not been done. As long as the order dated 18.09.2018 is not reversed, this Bench cannot go back to say that as to which invoice is correct or which collection memo is incorrect, whose version is correct or whose version is incorrect because it is not open to this Bench reopen the order dated 18.09.2018 for two reasons - one, the impugned order is based on the statement made by the applicant before the Honourable NCLAT and two, the invoices the applicant produced before the RP are not the invoices as detailed in the original petition. This fact is not even rebutted by the applicant. In any event the Resolution Plan in this case was already approved by this Bench and it is in implementation. Application dismissed.
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