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2021 (7) TMI 1012 - Tri - Insolvency and BankruptcySeeking direction upon the RP to reconsider and reverify the claim submitted by the applicant, before approval of the Resolution Plan - Collation of claim by RP - HELD THAT:- This is a case where the RP himself was aware from the records that there was only one time supply of materials by the applicant and the monthly charge was towards the hiring cost of those materials. It is also admitted by the RP that the materials are still lying at the project site and have not been returned so far to the applicants - In this scenario, while the RP could not properly have paid the tax on the supply of goods without a proper tax invoice, there was nothing that prevented him from factoring in the basic rent in respect of the materials which are already technically under the corporate debtor's custody but physically lying within the Metro Railway Project site. The sheer anchor of the defence raised by the answering respondent is that once a Resolution Plan is approved all undecided claims are extinguished - the applicant has diligently pursued his claim for acceptance and collation by the RP and if it could not be taken up by this Adjudicating Authority before the approval of the resolution plan it cannot be said that the RP extinguishes all such claims. While those invoices which do not contain a signature cannot be accepted in so far as the tax component of the bill is concerned, there is nothing that prevented the RP from considering payment of the basic rent since the materials of the applicant were at all material times in the custody of the corporate debtor and being used at the site of the project awarded to the corporate debtor. Therefore, there is no doubt that the applicant was indeed entitled to the basic rent without his having to submit any proof other than the work order in this respect. The answering respondent is hereby directed to collate the claim of the applicant afresh on the basis of the observations and include it in the list of operational creditors from which payments will be made by the successful Resolution applicant. Application disposed off.
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