TMI Blog2021 (8) TMI 949X X X X Extracts X X X X X X X X Extracts X X X X ..... Order be sent to the Resolution Professional and the Financial Creditor at its registered Office address by Speed Post and by E-mail, both, with proof of service. - Company Application IA/793(KB)2021 in Company Petition CP(IB) No. 1376/KB/2018 - - - Dated:- 11-8-2021 - Rajasekhar V.K., Member (J) And Harish Chander Suri, Member (T) For the Appellant : Jishnu Chowdhury , Advocate For the Respondents : Aparajita Rao , Advocate ORDER Harish Chander Suri, Member (T) 1. The Company Petition, CP(IB)/1376/KB/2018, had been filed by Dewesh Auto Creative Services P. Ltd., the Financial Creditor, under Section 7 of the Insolvency Bankruptcy Code, 2016, read with Rule 4 of the Insolvency and Bankruptcy Board of India (Appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Government to resolve commercial disputes under the Insolvency and Bankruptcy Code, through National Company Law Tribunal. The contents of the said Loan Agreement, therefore, are totally false and fabricated to the notice and knowledge of the Financial Creditor. Further, the document has not been authenticated or notarized. 6. In order to verify the genuineness of the said Loan Agreement, the Applicant, by electronic mails dated 5th March, 2020, called upon the Financial Creditor to produce the original document for inspection and verification. Since no reply was received, a reminder was also sent on March 18, 2020. The copies of the said E-mails are annexed with the Application as letter A . 7. It is stated that in the meeti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave importance since the Forensic Auditor has not been able to complete his report till the genuineness of the document is proven. The Transaction and the Forensic Auditor, by his mail dated 15th July, 2020, replied to the RP and recommended the verification of the said document by any Government Forensic Laboratory, upon production of the original document. The copies of the e- mail dated 6th July, 2020, sent by the RP and the reply of the Transaction and Forensic Auditor dated 15th July, 2020, are annexed with the Application and marked with the letter C collectively. 11. It is also stated that the Transaction and Forensic Auditor has sought to highlight the following points in his reply: a) The Balance Sheet of the Corporate Deb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to permit the Resolution Professional to forward the same to a Government laboratory for verification of the genuineness of the said document. 15. Heard the Ld. Counsel appearing for the Resolution Professional and perused the records. 16. In view of what has been stated in the Application, the Financial Creditor, Dewesh Auto Creative Service, is hereby directed to submit before this Tribunal, the original Loan Agreement dated 19th December, 2014, within 15 days of the receipt of this Order, for Forensic Audit by the Government recognized laboratory for verification of the genuineness of the document. 17. The copy of this Order be sent to the Resolution Professional and the Financial Creditor at its registered Office address by Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
