TMI Blog2021 (6) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... B.S.V. Prakash Kumar, Actg. President and Hemant Kumar Sarangi, Member (T) For the Appellant : Virender Ganda, Sr. Adv., Rajnish Sinha, Vishal Ganda, Ayendeb Mitra, Shreya Kohli, Akshaya Ganpath, Rakesh Kumar, Preeti Kashyap and Ankit Sharma, Advocates For the Respondents : Tapan Sangal, Kumar Mihir, Kartavya Batra and Siddhant Sharma, Advocates ORDER Hemant Kumar Sarangi, Member (T) 1. The present application is being filed by Mr. Ashmeet Singh Bhatia, homebuyer in one of the companies of the Corporate Debtor, namely, M/s. Granite Gate Properties Pvt. Ltd., undergoing CIRP before this tribunal, C.P. (IB)-1248(PB) of 2018, under Section 60(1) read with Rule 11 of the Insolvency and Bankruptcy Code, 2016 ( Code ) and Na ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time, pointing out the various frauds being played in the group companies. The Applicant has gained knowledge of some of the frauds being played in the group companies, including in the CD, through the information circulated by Mr. Surpreet Singh Suri via his various emails. True copies of some of the emails, dated 30.12.2018, 08.02.2019, 22.02.2019, 25.02.2019, 05.03.2019, 20.04.2019, 15.10.2019 and 01.12.2019, Mr. Surpeet Singh Suri had written to both Mr. Nirmal and Mr. Vidur, enquiring them about the various transactions in their group companies have been attached. 5. It is further stated that, inter alia, the email dated 15.10.2019, mentioned about a financial fraud of more than ₹ 202 crores, in the Bank Account No. 381644492 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 100/-, used for preparing the above said so called Agreement, dated 08.05.2019, was purchased in Uttar Pradesh. c. That all the four reminder letters have been written by the same person/official namely, Mr. Vivek Kumar, on behalf of the Financial Creditor and further all these four reminder letters have been received by the same person/official, namely, Mr. Nitin Kumar Sinha, on behalf of the CD. d. That a casual look at the Statement of the Bank Account No. 36759100958, State Bank of India, Nehru Place Branch, New Delhi, from 01.05.2019 to 30.06.2020, of the Financial Creditor/Applicant, attached as Annexure P-8, (Pages 41 to 113), would show that his Bank Account has been used for money laundering and the Financial Credit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 crores to the CD on 13.05.2020 (through three transactions of ₹ 3 crores, ₹ 3 crores and ₹ 1.5 crores on the same day). In the present Company Petition, the Financial Creditor has deliberately not mentioned this loan of ₹ 7.50 Crores to the CD. 7. This bench, after going through all the facts and documents as produced by the Applicant in support of its application, is of the view that the Applicant has not been able to clearly establish his relationship with the main Company Petition. 8. The Applicant in its prayer (b), prays to Dismiss the present Company Petition, under Section 65 of the I B Code, 2016.. . However, on the bare reading of Section 65 of the I B Code, 2016, its states as follows; 65 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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