TMI Blog2019 (2) TMI 1639X X X X Extracts X X X X X X X X Extracts X X X X ..... ', 'Secured Creditor' or 'unsecured Creditor'. Referring to sub-section (6) of Section 60 of the 'I B Code', this Appellate Tribunal further observed that after completion of the period of moratorium, a suit or application can be filed against the 'Corporate Debtor'. Notwithstanding the order passed under Section 31 of the I B Code (any existing law), it is open to a person to file a suit or an application against the 'corporate debtor' after completion of the period of moratorium. In the present case, it is informed that the 'resolution plan' has already been approved by the 'Committee of Creditors' and the 'Resolution Professional' had placed the same before the Adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bbasi, Advocate ORDER 1. In both the appeals as common question of law is involved, they are disposed of by this common order. 2. The appellant 'M/s. Prasad Gempex' filed a claim as 'Financial Creditor'. The 'Resolution Professional' rejected the claim. 'M/s. Prasad Gempex' thereafter claimed to be an 'Operational Creditor' on suggestion of the 'Resolution Professional' but the same has also been rejected. 3. According to the appellant 'M/s. Prasad Gempex' had filed 'Expression of Interest' before the 'Resolution Professional' but it was not taken care by the 'Committee of Creditors'. In this background, the appellant filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 'Financial Creditor' or 'Operational Creditor'. 7. Similar issue fell for consideration before this Appellate Tribunal in 'M/s. Dynepro Private Limited' vs. Mr. V. Nagarajan - Company Appeal (AT) (Insolvency) No. 229 of 2018 etc.' The Appellate Tribunal by its judgment dated 30th January, 2019 held that 'Resolution Professional has no jurisdiction to decide the claim of one or other creditor, including 'Financial Creditor', 'Operational Creditor', 'Secured Creditor' or 'unsecured Creditor'. Referring to sub-section (6) of Section 60 of the 'I B Code', this Appellate Tribunal further observed that after completion of the period of moratorium, a suit or applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cluded. From the aforesaid provision, it is clear notwithstanding the order passed under Section 31 of the I B Code (any existing law), it is open to a person to file a suit or an application against the 'corporate debtor' after completion of the period of moratorium. 8. The power of 'Resolution Professional' also fell for consideration before the Hon'ble Supreme Court in 'Swiss Ribbons Pvt. Ltd. Anr. vs. Union of India Ors. - Writ Petition (Civil) No. 99 of 2018'. In the said judgment dated 25th January, 2019, the Hon'ble Supreme Court held that 'Resolution Professional' has no adjudicatory power. The 'Resolution Professional' has to vet and verify the claims made and ul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... riate order under Section 31 of the I B Code on the 'resolution plan' as approved by the 'Committee of creditors', if not yet passed, by 22nd February, 2019. 12. We allow the appellant - 'M/s. Prasad Gempex' to file claim in terms of sub-section (6) of Section 60 before the appropriate court of law or may file appropriate application against the 'corporate debtor' namely 'M/s. Star Agro Marine Exports Pvt. Ltd.', if the 'resolution plan' is approved and do not take proper care of the applicant. In case the 'resolution plan' is not approved and order of 'liquidation' is passed in respect of 'M/s. Star Agro Marine Exports Pvt. Ltd.', in such case, it will be open ..... X X X X Extracts X X X X X X X X Extracts X X X X
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