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2022 (4) TMI 941 - Tri - Insolvency and BankruptcyRejection of claim of applicant - rejection on the ground that the claim amount is not reflected in the books of the corporate debtor and also on the ground that the infusion is made to M/s. Nathella Sampath Chetty & Co. which is a different entity - diversion of funds to Corporate Debtor - HELD THAT:- The money received in the bank account of M/S. Nathella Sampathu Chetty & Co was diverted to the corporate debtor bank account and that the corporate debtor is liable repay the gold scheme investment amount collected from the Applicant through Nathella Sampathu Chetty & Co account is bereft of sufficient documentary evidence to show that the funds were diverted to the books of the Corporate Debtor. The contention of the Applicant that the books of the corporate debtor shows that it had received 181.42 crores from M/s. Nathella Sampathu Chetty & Co. referring to the FIR registered is for the financial year 2012-2013, while the payment TMT Receipt annexed reflects the date of payment as 28.04.2014. Therefore, it is evident that the amount paid by the Applicant on the gold scheme was not collected by the corporate debtor and that no sufficient evidence as to show the diversion of funds into the Corporate Debtor have been carried out. Under the said circumstances this Adjudicating Authority finds it deems fit to dismiss the instant application for bereft of evidence. Application dismissed.
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