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2019 (5) TMI 1715 - Tri - Insolvency and BankruptcyLiquidation process - rejection of claim towards interest - dispute is pending in the arbitral proceeding - whether the order passed by the Liquidator admitting the appellant's claim provisionally needs any interference? - HELD THAT:- There are no reasoned order passed by the Liquidator accepting or rejecting the claim. The appellant did not produce copy of such formal order. The Liquidator, though filed affidavit in-reply in this proceeding, did not produce the copy of his order for perusal of this authority. In this case, the Liquidator is acting in dual capacity, (i) that he is in control of the assets of the corporate debtor who is under liquidation and (ii) he is sitting as a quasi judicial authority to determine the claims of the creditors. In such situation, it becomes too essential for him to give reasons for his decision about admitting or rejecting the claim. As already pointed, the Liquidator did not produce copy of the order. The matter is remitted back to the Liquidator for passing appropriate reasoned order by rejecting or allowing/ partly allowing the claim of the appellant, as per the rules - appeal allowed by way of remand.
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