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2022 (1) TMI 66 - Tri - Insolvency and BankruptcyRejection of claim of the Applicant - Direction to 2nd and 3rd Respondent to pay the Applicant his dues as per the proportion for employees and workmen as stated in the Resolution Plan - HELD THAT:- The Applicant in support of his claim has referred to Annexure 'A6', which is the copy of the Employee claims as appearing in the website of the 2nd Respondent. It is seen that the RP has published the list of claims received by the Employees, however there is no proof which has been placed on record by the Applicant in order to show that the said claim has been admitted. Further, in Annexure A6, it is stated that Verification with the books of accounts are pending. Once this verification is complete, the amount of claims that have been admitted/rejected/partially accepted shall be published. It has been made abundantly clear that the Resolution Applicant can be made liable for the dues which are forming part of the Information Memorandum and once the Resolution Plan is approved by this Adjudicating Authority, all the dues including the statutory dues owed to the Central Government, any State Government or any local authority, if not part of the resolution plan, shall stand extinguished and no proceedings in respect of such dues for the period prior to the date on which the Adjudicating Authority grants its approval under Section 31 could be continued. In the present case, the dues of the Applicant do not form part of the Information Memorandum as admitted claim and the RP has rejected the claim of the Applicant - Application dismissed.
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