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2019 (2) TMI 1694 - AT - Insolvency and BankruptcyValidity of decision of the ‘Resolution Professional’ - seeking observation to place the matter before the ‘Committee of Creditors’ - whether ‘Resolution Professional’ or the ‘Adjudicating Authority’ can decide whether goods hypothecated, such as four cranes, belongs to the ‘Corporate Debtor’ or not? HELD THAT:- From the record we find that there is a disputed question of fact which cannot be decided by the ‘Resolution Professional’ or the ‘Adjudicating Authority’. The appellant can raise such issue and claim at an appropriate stage, i.e. after moratorium is over. Appeal dismissed - decided against appellant.
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