TMI Blog2018 (3) TMI 1812X X X X Extracts X X X X X X X X Extracts X X X X ..... entary evidence to prove that the Corporate Debtor is legally liable for the payment of outstanding dues arising out of the business transactions made between P.D. Agro and the Applicant herein. It is necessary for a claimant to place on record that there was existence of debt due to the said Operational Creditor to be claimed against the Corporate Debtor. There should be a direct nexus between Operational Creditor and the Corporate Debtor. It is to be established by the Operational Creditor through records available or other relevant documents such as contract agreement, service agreement with Corporate Debtor or any invoice or any Court of Order or Financial Accounts. Even Form-B prescribe for lodgement of claim requires details of mut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Corporate Debtor herein i.e. Dunar Foods Ltd., to trade on its platform. The Applicant states that the Corporate Debtor is a client of PD Agro who traded on the Exchange platform of NSEL through PD Agro. However, in July 2013, the Applicant was constrained to suspend trading of commodities on its electronic platform due to directives of the Dept. of Consumer Affairs, Govt. of India. At the suspension of trading on the Applicant Exchange s platform, various trading members did not fulfil their outstanding payment settlement obligation within a month without disputing their liability, those members were declared as defaulters by the Applicant Exchange as per its Bye-laws and PD Agro was one amongst them. PD Agro s liability was to the t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Applicant s claim as on that date. The content/matter of the email is reproduced below: Dear Team NSEL, Thank you for writing to us to know about the status of your claim. Firstly, we would like to inform you we are in receipt of your claim in form F which is once again casually filled and deficiency in the same was duly communicated to Ms. Shubra in this regard. The claim form neither clearly mentions the amount of claim in clear terms nor has the documents supporting the claims. Only complaint filed against the Corporate Debtor does not form the basis of the claim. Secondly we have had several round of discussions with Ms. Shubra in this regard and informed her that prime faci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed along with the claim i.e. dated 28.08.2012 and 11.20.2012 [sic] have been entered between NSEL and P.D. Agro Processors Pvt. Ltd. Dunar Foods Ltd., the Corporate Debtor is neither a party to the said agreements nor any term or obligations is upon the Corporate Debtor. The present CIRP process is of the Corporate Debtor and the Resolution Professional can only entertain the claims filed by the creditors of the Corporate Debtor against the Corporate Debtor and therefore, the amount claimed by NSEL from P.D. Agro Processors Pvt. Ltd. cannot be claimed against the Corporate Debtor. From perusal of the orders passed by Hon ble Bombay High Court although DFL has been injuncted from disposing of, alienating, encumbering, parti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dues of P.D. Agro Processors Ltd. Hence, claims of NSEL cannot be admitted in view of above. Regards, Anil Kohli Resolution Professional Dunar Foods Ltd. Findings: 7. This Bench has heard both sides and perused all the written submissions. It is distinct and noticeable from the pleadings and evidences from both the sides that the claim is not pertaining to the Corporate Debtor but it is related to a sister concern of the Corporate Debtor viz. P.D. Agro Processors Ltd. Though the whole business conducted by the sister concern is in favour of the Corporate Debtor, as contended by the Applicant, there is no authenticating documentary evidence to prove that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e demanding payment for the goods and services supplied to the corporate debtor; ( iii) an order of a court or tribunal that has adjudicated upon the non-payment of a debt, if any; or ( iv) financial accounts. 7.1 On careful reading, it is necessary for a claimant to place on record that there was existence of debt due to the said Operational Creditor to be claimed against the Corporate Debtor. There should be a direct nexus between Operational Creditor and the Corporate Debtor. It is to be established by the Operational Creditor through records available or other relevant documents such as contract agreement, service agreement with Corporate Debtor or any invoice or any Court of Ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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