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2019 (8) TMI 1807 - NATIONAL COMPANY LAW TRIBUNAL, CHENNAISeeking admission of the claim towards damages and compensation - claim towards short fall in upliftment of furnace oil - HELD THAT:- In view of the Clause 8 of this application, this Applicant is entitled for calculation of the payment for non-upliftment of furnace oil as per the quantity mentioned in Clause 8, therefore the Liquidator admitted the claim of 9,87,93,000 for non-upliftment of furnace oil. As to rent on fuel handling capacity, since the Applicant has charged it as 7,000, the Liquidator has admitted. As to investment made in storage facility for 2.35 Crores and 2.90 Crores towards interest vide an email dated 23.04.2019 claimed by this Applicant, the Liquidator rejected these components on the ground that there is no agreement entered into between the parties in respect to these components. Whether this Applicant is entitled to claim which is claimed as damages and compensation for 2.35 Crores and interest portion for 2.90 Crores? - HELD THAT:- The Applicant is not entitled to claim anything that has not been crystallized in the agreement and that has not been agreed between the parties, therefore, this Liquidator has rightly rejected those two claims - When claim itself not claimable, for the sake of giving reasons in detail, that procedure is required to be repeated. For the Applicant has failed to place any material reflecting that this Corporate Debtor is obliged to pay on these two counts, we are of the view that not giving any reasons in detail cannot become a ground for invalidating the claim already considered and rejected by the Liquidator. Application dismissed.
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