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2019 (9) TMI 1423 - Tri - Insolvency and BankruptcyApproval of Resolution Plan - HELD THAT:- The learned RP has not filed any counter countering the contentions raised in the Application. It is observed that the amount claimed by the Applicant actually arises from a settlement before the Lok Adalat between the Applicant and Corporate Debtor. It is also seen that the Applicant has appropriately filed an Execution Petition bearing No. 2188 of 2012 before the Lok Adalat for recovering the aforementioned amount. The Hon'ble Supreme Court in Mobilox Innovations Private Limited vs. Kirusa Software Private Limited, has held that the Adjudicating Authority under IBC cannot be used as a recovery forum. Since the Applicant has already approached the appropriate forum to enforce his right, he cannot be allowed to rely on I&B Code to recover the aforementioned amount and is hence liable to be dismissed. It is stated that Applicant paid an advance of ₹ 20,00,000/- on 29.03.2006 under a Memorandum of Understanding dated 13.03.2009 and that the Corporate Debtor gave a cheque for an amount of ₹ 70,00,000/- dated 17.07.2013 towards payment of damages for delay of seven years which was dishonoured. Original Suit is said to be pending before the Hon'ble Civil Court at Bengaluru and criminal cases have also been filed against the Corporate Debtor and its Director - The claims made by the Applicant have not been substantiated and seem to contradict the facts. In the absence of a proper, registered document setting out the basis of claim the Applicant cannot be allowed to use this forum for recovery of money as appropriate cases filed by the Applicant are already pending in Hon'ble Civil Court and Hon'ble Criminal Court. As such, this application deserves to be dismissed. Application dismissed.
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