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2023 (9) TMI 663

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..... of 2023 Comp. App. (AT) (Ins.) No. 1124 of 2023 - - - Insolvency & Bankruptcy - Prayer for direction to the Resolution Professional for considering and settling the claim of the Appellant workers - Approved Resolution plan - HELD THAT:- It is the responsibility of the Claimant to bring all relevant record to substantiate the claim. The Resolution Professional having admitted the claim of Rs.96 .....

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..... m, Mr. Raghav Dembla, Advocates for RP ORDER These two Appeals have been filed by the same Appellant- Engineering Mazdoor Parishad Devas Through Its General Secretary . In Company Appeal (AT) (Insolvency) No. 1200 of 2023, the Appellant has challenged the order dated 10.07.2023 passed in IA No.1300 of 2022 filed by the Appellant praying for direction to the Resolution Professional for co .....

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..... to settle the claim. It is submitted that the Resolution Professional has not given any basis and reason for accepting the claim of Rs.96,83,497/- whereas a chart was given by the Appellant where the claim for salary and other dues was mentioned. 3. Learned Counsel for the Respondents submits that the Appellant did not substantiate its claim, hence, the Resolution Professional on the basis of .....

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..... verifying the records of the Corporate Debtor a sum of Rs. 96,83,497/- was found to be due towards the outstanding dues of the workmen and the erstwhile RP admitted the claim to that extent. Without any substantive record, it cannot be said that workmen dues of Rs. 26.87 Crores were outstanding which has been left out. It has also been pointed by the Counsel for the Respondent/Resolution Professio .....

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..... Adjudicating Authority also held that there are no documents filed to support the claim of the workmen. We, thus, are of the view that there is no error in the order of the Adjudicating Authority rejecting IA No.1300 of 2022. 8. Now coming to the second order by which Resolution Plan has been approved. The entire claim which was admitted of the workmen has been proposed to be paid i.e. Rs.96,83 .....

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