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Admitting claim of financial creditors without scrutinizing Form C documents is untenable
Case Law Details
- Case Name
- P.M. Cold Storage Pvt. Ltd. Vs Goouksheer Farm Fresh Pvt. Ltd. (NCLAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- NCLAT
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P.M. Cold Storage Pvt. Ltd. Vs Goouksheer Farm Fresh Pvt. Ltd. (NCLAT Delhi)
Held that the voting share in the CoC is extremely relevant and important element in the CIRP. Resolution Professional needs to verify and scrutinize the documents submitted with Form C before admitting/ accepting claim of financial creditors.
Facts-
After initiation of CIRP consequent to the order by the Adjudicating Authority in C.P (IB) No. 1582/KB/2019, a Committee of Creditors (CoC) was constituted by the Interim Resolution Professional (IRP) with the Appellant as the sole financial creditor in t...
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