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TMI Blog2022 (8) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... ting Authority (National Company Law Tribunal), Kolkata Bench, Kolkata by which I.A. No. 770/KB/2021 filed by the Appellant praying for directions upon Corporate Debtor to disclose the following documents has been rejected:- "i) Detailed balance sheet of the Corporate Debtor from 2015-2016 till 2020-2021. ii) Ledger accounts with regard to transactions of the Operational Creditor maintained by the Corporate Debtor from 2015-16 till 2020-2021. iii) Trial Balance maintained by the Corporate Debtor with regard to its dues towards its creditors, which includes transaction with the Operational Creditors from 2015-2016 till 2020-2021 and other financial statements of the Corporate Debtor including the annual accounts from 2015-2016 till 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng a conclusion whether a case for admission of the petition or initiation of CIRP is made out or not. The prayer clause of the Operational Creditor seeking directions upon the Corporate Debtor to produce all the documents by way of an affidavit, so that the Operational Creditor may prove its case against the Corporate Debtor is, to our mind, beyond our jurisdiction. Each Operational Creditor has to prove its own case. It cannot base its claim on the basis of documents to be produced by the opposite party and this Adjudicating Authority would not like to be passing such a direction upon the Corporate Debtor to facilitate the admission of petition filed by the Operational Creditor. I.A. No. 770/KB/2019 filed by the Operational Creditor seeki ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch powers. Rule 43 (1) and (2) gives ample powers to the Bench to call any information or evidence as it may consider necessary in its discretion. 5. In the present case, the Appellant has filed an I.A. seeking directions to the Corporate Debtor to disclose certain documents as has been noticed above. The Adjudicating Authority after considering the application has given reasons especially that there is no privity of contract between the Appellant and the Corporate Debtor, hence, he is not entitled to call for documents. 6. We do not find any error in the order of the Adjudicating Authority rejecting the I.A. filed by the Appellant. We are of the view that the Adjudicating Authority has exercised its discretion in accordance with law afte ..... X X X X Extracts X X X X X X X X Extracts X X X X
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