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2018 (6) TMI 843 - Tri - Insolvency and BankruptcyInsolvency Resolution Process - discrepancies in the xerox copy of the account furnished - whether the handwritten additions and omissions are against the specific provisions of The Bankers’ Books Evidence Act, 1891 and therefore, such an account is liable to be rejected? - Held that:- A certified copy of entry in a banker’s books is to be regarded as prima facie evidence in all legal proceedings with regard to the existence of such entry. As evidence of the matters, transactions and accounts therein recorded in every case. It has come on record that a certificate of entries in a banker’s books in accordance with the Banker’s Books Evidence Act, 1891 has been placed before us as Annexure A-VIII. There is a record of default available with the Central Repository of Information on Large Credits (CRILC) as per its asset classification report of the Corporate Debtor dated 16-06-2017.N o serious dispute with regard to the amount payable has been raised before us. Therefore, we find no substance in the aforesaid argument and reject the same. Mr. Naveen Jain is not authorized to sign the pleadings and file the application before us has also lost its sheen because with the rejoinder a copy of the certificate dated 26-03-2018 issued by the Financial Creditor under Bankers’ Books Evidence Act, 1891 and a copy of the Board Resolution of the Financial Creditor dated 06-12-2008 along with special power of attorney dated 11-08-2017 in favour of Mr. Naveen Jain have been placed on record. The filing of the aforesaid documents completely answer the objections raised by the Corporate Debtor. It is evident that by virtue of special power of attorney dated 11-08-2017 Mr. Naveen Jain has been authorized to file such like application before any Court/Tribunal. Accordingly, we find that the aforesaid objection is frivolous and is devoid of merit. Accordingly, the same is rejected. Corporate Debtor has various claims and litigations pending against the public sector undertakings like National Highways Authority of India, Railway and many others. It has filed arbitration proceedings and those proceedings are likely to result in payment of huge amounts. We are afraid that we cannot accept the pending claim petition as a basis for rejecting the prayer for triggering the Corporate Insolvency Resolution Process in respect of the Corporate Debtor. There is no provision in the Code to create such a bar. Accordingly, we reject the aforesaid objection.
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