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2021 (5) TMI 137 - Tri - Insolvency and BankruptcyMaintainability of application - RP failed to perform its functions properly - HELD THAT:- Based on the inspection dated 10.01.2020, the applicant has taken possession of the machineries in question and to that effect applicant never protested/raised objection - In that event, admittedly, in view of filing additional affidavit, no prayer of the instant application is required to be redressed. However, during the course of argument, on a number of occasions, the applicant had argued that some parts of the machineries were missing, However, neither the applicant nor the respondent could produce any supporting documents, i.e., list of inspection and/or list of inventory, etc., made during the time of taking possession. Further, it is also a matter of record that on a number of occasions, this Adjudicating Authority made observations/directions of the parties to produce inventories, if any prepared, but both sides have failed to produce. This Adjudicating Authority is not in a position to draw any conclusion. More so, when the applicant, by way of additional affidavit, submitted that except prayer at para "E", as said above, other prayers need not be redressed. Hence, nothing remains in the instant application - Application not maintainable and is rejected.
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