TMI Blog2021 (12) TMI 81X X X X Extracts X X X X X X X X Extracts X X X X ..... concile the accounts of the Applicant and the Corporate Debtor and to furnish their report to this Hon'ble Tribunal within four weeks from the date of the report. The cost payable to the Chartered Accountant appointed by this Tribunal shall be ₹ 1,00,000/-. Both the Applicant and the Respondent have to share the costs equally. The Respondent is directed to co-operate with the Chartered Accountants in reconciliation of Accounts - application disposed off. - IA/886/IB/2020 in CP/564/IB/2017 - - - Dated:- 23-11-2021 - Sucharitha R., Member (J) And Sameer Kakar, Member (T) For the Appellant : P.H. Arvindh Pandian, Senior Advocate for J. Sagar Associates For the Respondents : J. Manivannan, Advocate ORDER Same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assets to Applicant and this Tribunal by its order dated 28.05.2019 while dismissing the Application of Applicant directed the Applicant and First Respondent to appoint an independent Chartered Accountant to reconcile their account as the First Respondent has sought for a payment of ₹ 3.98 crores from the Applicant based on a ledger statement of Corporate Debtor, whereas the Applicant had denied the correctness of the amount sought for. 4. Subsequently, this Tribunal allowed MA517/2018 preferred by the First Respondent vide order dated 31.10.2018 thereby ordering the liquidation of the Corporate Debtor and Appointed the First Respondent as the Liquidator. 5. The Applicant who is aggrieved by the order of this Tribunal filed an a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and nothing could be done till such time. The Applicant by its email dated 18.06.2020, acknowledged the receipt of the First Respondent email dated 16.06.2020. 9. The learned Counsel for the Applicant submitted that the Applicant addressed an email dated 13.07.2020 and 05.08.2020 seeking an update on the status of the requests made by the Applicant in terms of the Order passed by this Tribunal. The First Respondent has given his reply by way of email dated 07.08.2020 to the Applicant that he is unable to act at the request of the Applicant on account of the extension of lockdown in Chennai till 31.08.2020. 10. The Learned Counsel for the Corporate Debtor/Liquidator submitted that the Applicant being the Prime Contractor appointed the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 28.05.2019 in MA/174/2018 in CP/564/IB/CB/2017 wherein it was held that: 23. In the light of the Observation made above, both the Applicant and the Corporate Debtor are directed to perform their respective obligations as per the terms and conditions of the Agreement dated 12.05.2011 r/w Addendum Agreement dated April 27, 2016, as if the agreements(s) was never terminated. However, neither side would be fastened with any liability for the interregnum period. As far as the claims are concerned, both the sides are directed to appoint an Independent Chartered Accountant to reconcile their account by sharing his remuneration in equal proportion. 14. The above said Order was challenged by the Applicant before Hon'ble NCLAT, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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