TMI Blog2019 (10) TMI 1470X X X X Extracts X X X X X X X X Extracts X X X X ..... ees One Lakh, it is to be admitted, the Adjudicating Authority is not required to go into the details of verification of the claim which is required to be made by the 'Resolution Professional' and, therefore, even if some record shows that claim amount is Rupees One Lakh, it is always open to the 'Resolution Professional' to collate the claim. Appeal dismissed. - Company Appeal (AT) (Insolvency) No. 412 of 2019 - - - Dated:- 16-10-2019 - Justice S.J. Mukhopadhaya, Chairperson Justice A.I.S. Cheema Member (Judicial) and Kanthi Narahari Member (Technical) For the Appellant : Mr. Rajiv Ranjan, Senior Advocate with Ms. Varsha Banerjee, Mr. Milan Singh Negi, Mr. Akshat Singh, Mr. Raza Abbay and Ms. Aliya Durafshan, Ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Insolvency Resolution Process' was initiated against the 'Corporate Debtor' at the instance of the Appellant. 4. It is submitted that the claim amount being more than Rupees One Lakh, the Adjudicating Authority admitted the application under Section 9 and therefore, it is not open to the 'Resolution Professional' or the 'Corporate Debtor' to suggest that the amount is ₹ 2173. 5. Reliance has been placed on the e-mail dated 2nd November, 2018 issued by the 'Resolution Professional' to the Appellant to suggest that the aforesaid claim amount was collated and validated by the 'Resolution Applicant', which reads as under: Company Appeal (AT) (Insolvency) No. 412 of 2019 6. Learned c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... question arises for consideration is as to how Section 9 application was admitted if the amount is found to be ₹ 2173 which is much less than Rupees One Lakh. 11. In this regard we may only mention that at the stage of admission of application under Section 9, the Adjudicating Authority is required to notice whether the record is complete and there is a 'debt' and 'default' as per decision of the Hon'ble Supreme Court in 'Innoventive Industries Ltd. v. ICICI Bank', (2018) 1 SCC 407]. Even if the claim amount is disputed and is more than Rupees One Lakh, it is to be admitted, the Adjudicating Authority is not required to go into the details of verification of the claim which is required to be made by the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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