Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2021 (3) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (3) TMI 1286 - NATIONAL COMPANY LAW TRIBUNAL, DELHIIssuance of Direction to the Resolution Professional of the Corporate Debtor to accept the claim in full filed by the Applicants - Section 60 (5) of the Insolvency and Bankruptcy Code. 2016 - whether the Resolution Professional has rightly revised the claim of the Applicant to the tune of ₹ 15,75,279/-? - HELD THAT:- The provisions of the Code along with IBBI regulations, make it obligatory on part of IRP/RP to collate, verify and admit such claims of the creditors as are duly supported by appropriate evidence along with proper record in books of account of a corporate debtor. Therefore, the IRP/RP can always ask for such information/documents/evidence from creditors as is considered necessary for the purpose of verification/substantiation of the claims. In the instant case, the petitioner has admittedly paid only an amount of ₹ 15,29,057/- to the Corporate Debtor, as is evident from books of account of the CD. This amount is duly supported by credible documentary evidence i.e., books of account and other accounting record of CD and verified by the RP. It is worthwhile to record that RP has to do the verification of claims strictly in accordance with accounting entries appearing in the CD’s accounts. The payments claimed to have been made by petitioners in cash to the Mr. Rohit is not supported with any of the entries in the books account of the CD. The applicant himself admits in the application on hand that ex-directors are fraudulent - The independent legal remedies are available with the applicant to recover the amount, if any, from Mr.Rohit. But the CIR Process can’t be used to perpetuate fraud. Application dismissed.
|