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TMI Blog2023 (1) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... er dated 10th May, 2022 passed in I.A. No. 203/JPR/2022 in IB No. 39/PB/2018. 2. The brief facts giving rise to this Appeal are as follows: i. Corporate Insolvency Resolution Process was initiated against the Corporate Debtor-Modern Syntex (India) Limited by Order dated 28.03.2022. By Order dated 29.03.2022, public announcement was made by Interim Resolution Professional. The appellant claiming to be Financial Creditor filed his claim under Form-C on 11th April, 2022. The claim submitted by the Appellant was Rs. 12893,39,03,000/-. Claim of the Appellant was received by the IRP and certain more documents were asked for from the Appellant on 18th April, 2022, Appellant was informed that he has been declared a related party to the Corporate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t assigner company were related parties of the Corporate Debtor, the Adjudicating Authority was obliged to consider that assignment was made five years prior to the initiation of the CIRP. The directions passed in the Impugned Order fall outside the purview of the jurisdiction of Adjudicating Authority under the IBC. No reasons have been given by the Adjudicating Authority as to why so many documents are being called for and the Adjudicating Authority erred in denying the interim prayer to the Appellant by which stay of convening CoC meeting was asked for. 4. Learned Counsel appearing for the Resolution Professional refuting the submissions of Learned Counsel for the Appellant contends that the Adjudicating Authority has ample power under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority was well within its jurisdiction to ask for documents to unearth the wholly false and fake claim of the Appellant. 6. We have considered the submissions of Learned Counsel for the parties and have perused the record. 7. We may first look into the jurisdiction which Adjudicating Authority can exercise while hearing any Application under Insolvency and Bankruptcy Code, 2016. 8. National Company Law Tribunal Rules, 2016, Rule 39 and Rule 43 which are relevant for the present case are as follows: "39. Production of Evidence by Affidavit.-(1) The Tribunal may direct the parties to give evidence, if any, by affidavit. (2) Notwithstanding anything contained in sub-rule(1), where the Tribunal considers it necessary in the interest o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue f forgery or fabrication of any statutory records, then it shall be at liberty to move an appropriate application for forensic examination and the Bench hearing the matte may, for reasons to be recorded, either allow the application and send the disputed records for opinion of Central Forensic Science Laboratory at the cost of the party alleging fabrication of records, or dismiss such application." 9. The Application filed by the Appellant being I.A. No. 203/JPR/2022 was essentially challenging the decision of the Resolution Professional required to be scrutinized by the Adjudicating Authority. Learned Counsel for the Respondent has also referred to Section 424(2) of the Companies Act, 2013. Section 424(2) enumerates the procedure and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Counsel for the Respondent has relied on the Judgment of the Hon'ble Supreme Court in [2010 14 SCC 38] "Ramjas Foundation and Anr. Vs. Union of India and Ors." where Hon'ble Supreme Court laid down following in paragraph 21: "21. The principle that a person who does not come to the court with clean hands is not entitled to be heard on the merits of his grievance and, in any case, such person is not entitled to any relief is applicable not only to the petitions filed under Articles 32, 226 and 136 of the Constitution but also to the cases instituted in others courts and judicial forums. The object underlying the principle is that every court is not only entitled but is duty bound to protect itself from unscrupulous litigants who do no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ance of the Impugned Order, it appears that several documents have been provided for, we see no reason to keep this Appeal pending, we only observe that in event with regard to any particular documents, there is any difficulty faced by the Appellant/Applicant, it is always open for the Applicant/Appellant to file an appropriate application seeking exemption giving reasons for not producing the particular document which Application may be considered by the Adjudicating Authority and appropriate order be placed therein to prosecute the proceedings further. The Adjudicating Authority having jurisdiction to ask for documents and doubts having been expressed by the Adjudicating Authority with regard to the claim of the Appellant, and the Applica ..... X X X X Extracts X X X X X X X X Extracts X X X X
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