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2021 (9) TMI 1209 - Tri - Insolvency and BankruptcySeeking direction against admission of claim as per the FORM C - onus to prove claim - seeking to update the Committee of Creditors voting share ratio after admitting the claim of the Applicant - Section 60 (5) of Insolvency and Bankruptcy Code, 2016 - HELD THAT:- It is observed that the Applicant is conveniently trying to escape from the onus of proving its claim rather than expecting the Respondent / RP to the same without any application of mind, which is a clear mis-interpretation of the provisions of Section 18 of the Code. The RP is duty bound to apply his mind while collating and verifying the information to justify the claim and where the said claim is not supported with documentary evidences, the RP ought to refrain from admitting such claims. The Applicant fails to appreciate that an IRP/RP is not a mere rubber stamp to keep admitting claims without any verifications. Form the facts of the case it is clear that RP has conscientiously reached at conclusion not admitting partial claim of the Respondent which was not supported by documents - Application rejected.
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