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TMI Blog2019 (11) TMI 1575X X X X Extracts X X X X X X X X Extracts X X X X ..... Member For the Appellant : Anshul Rawat, Tushar Bakshi and R. Soundara Rajan, Advs. For the Respondent : Ashish Joshi, Adv. ORDER 1. The Appellant - Encotec Energy (India) Pvt. Ltd. filed a claim as 'Operational Creditor' before the 'Resolution Professional' on the ground that it has not been paid for the period July & August, 2017 and some amount relating to previous Contract, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as August, 2017. The undisputed fact that Corporate Debtor paid the amount for the service up to June, 2017. Main contention of Applicant that it rendered services for July & August 2017. On the other hand the case of the RP that no amount due by the Corporate Debtor to Applicant. Ledger account of Applicant maintained by Corporate Debtor is filed. It shows no amount is due to the applicant. The C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of Creditors' with 75.91% voting shares. The 'Resolution Plan' was placed before the Adjudicating Authority under section 13 and the Adjudicating Authority has approved the same. Therefore, it is not possible for this Appellate Tribunal to decide the claim on the basis of the disputed question of fact, which can only be decided by a Court of competent jurisdiction. 4. For the reason ..... X X X X Extracts X X X X X X X X Extracts X X X X
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