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2019 (11) TMI 1521 - Tri - Companies LawAdmission of various claims - determination of the voting share of various financial creditors on the Committee of Creditors (CoC) of the Corporate Debtor - It is the case of the Applicant that the Respondent Nos. 3 and 4 are unable to satisfy the criteria laid down in Regulation 8(2)(b)(ii) since they have neither committed any amounts to the Corporate Debtor under a facility, nor has the Corporate Debtor drawn such amount - HELD THAT:- The points for consideration are basically of two-fold whether the documents relied upon by the Respondents for being considered as Financial Creditors are correct and will the same fasten any liability on the Corporate Debtor who is projected as obligor/guarantor as the case may be. The basic principle is that "Documents speak for themselves", a simple verification of the above documents infact are sufficient enough to conclude that the Corporate Debtor has a liability to pay the amounts as claimed in the documents. Any amount of interpretation from the side of the Applicants that there is no privity of Contracts or the term 'obligor' does not bind them, nor documents does not directly or indirectly connect the Claimants with that of the Corporate Debtor, is of no consequence or for consideration. The Applications doesn't deserve any consideration by this bench are required to be dismissed on merits - Application dismissed.
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