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2021 (6) TMI 732 - Tri - Insolvency and BankruptcySeeking direction to RP to accept the claim filed by the Applicant/Financial Creditor - HELD THAT:- Admittedly, on the application filed by the applicant, the CIRP against the Corporate Debtor was initiated and on perusal of the main application, it is found that while filing the application, the applicant had filed all the documents. As per the averments made in part-IV; column II of the main application, he had enclosed two separate builder-buyer agreements dated 17.04.2013 and 03.10.2013, money receipts, statements issued by the Corporate Debtor admitting the payment made by the financial creditor and bank statement. It is not the case of the applicant that for the first time, he has raised the claim before the RP after approval of the Resolution Plan by COC. Rather, it is the same applicant, on whose application, the CIRP of the Corporate Debtor was initiated and the RP was appointed - the documents enclosed by the applicant along with the application filed under Section 7 of the IBC, 2016 are the same documents which have also been filed along with the claim form. Therefore, the RP is well aware about the claim of the applicant and that is the reason, the applicant is shown as a creditor in the list of creditors prepared by the RP and which is uploaded on his website too. This fact has also not been denied by the RP during the course of his arguments. Here, it is not for the first time that the claim came to the knowledge of the RP or Resolution Applicant, rather all the documents as required to prove the claim by the creditor in class under Regulation 8A of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016 were already available with the RP - the RP is directed to consider the claim of the applicant - application disposed off.
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