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2020 (1) TMI 1229 - Tri - Insolvency and BankruptcyMaintainability of application - the principal contention of RP Counsel is that this Bench has no jurisdiction to deal with the subject matter, and this issue cannot be decided unless dues outstanding to the corporate Debtor are paid to it - HELD THAT:- Since, the RP himself entered into a supplemental agreement with the applicant for completion of the work by 30.11.2008, and that work has admittedly not been completed within the time mentioned subsequently also, we are of the view that this bench has jurisdiction to deal with the issues transacted during the CIRP. Since it is a miscellaneous application, the relief asked by the applicant not having any bearing over the rights of the other parties and the dues payable to each other, and no public law being involved in between the parties, we are of the view that we have jurisdiction to pass a limited order directing the RP to present at the time of taking final measurements - if a middleman is there at the time of taking measurements, it will remain as proof to both the parties to the measurements, therefore we direct CPWD, Kerala to depute an officer (Engineer) of CPWD having expertise in construction at the time of taking final measurements at the cost of the applicant. The applicant shall inform the RP two weeks before taking the final measurements so as to enable him to attend. Application disposed off.
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