Case Law Details
Gurudeo Exports Corporation Private Limited Vs Akash Singhal Liquidator of Amira Pure Foods Pvt. Ltd. (NCLAT)
NCLAT held that claim before resolution professional/ liquidator has to be based on solid documentary evidence and not based on indirect or circumstantial or secondary evidence.
Facts- The Counsel for Appellants stated that the present joint appeal has been filed on behalf four appellants, being aggrieved by the common ‘impugned order’ dated 11.03.2021 under Section 60(5)(c) of the Code, wherein by the ‘Appellants’ herein filed the joint application against the ‘Resolution Professional’ of ‘Amira Pure Foods Private Limited’ (‘Corporate Debtor’). The ‘Resolution Professional’ had rejected the claims of all the four applicants, who have petitioned the ‘Resolution Professional’ to settle their claims, by a common e-mail dated 06.11.2019. The four Petitioners sought return of stock of their owned rice from the ‘Corporate Debtor’.
Conclusion- We feel that no concrete evidence or documentary proof are available to substantiate the claims of the ‘Appellants’. It may be the case that earlier the ‘Appellants’ and the ‘Corporate Debtor’ were involved in such types of trade practices, even may be on the basis of oral agreements and sometimes in violation of relevant laws like Companies Act, 2013, GST or TDS under Income Tax Act, etc. but to accept the claims of the ‘Appellants’ at the stage of ‘Resolution and now Liquidation’ proceedings, the claims have to be real, based on solid documentary evidence and in accordance with law. These cannot be allowed on the basis of indirect or circumstantial or secondary evidence/ documents.
FULL TEXT OF THE NCLAT JUDGMENT/ORDER
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