Case Law Details
Bank of Baroda Vs Divya Jyoti Industries Ltd (NCLT Indore)
This application is filed by the Commercial Tax Department directing RP to consider their claim which was not included by the RP in the claim list.
We heard Learned Counsel for the Applicant and she pointed out that in audited balance sheet of the Corporate Debtor, the claims are being reflected at entry No. 30. She also pointed out the order of NCLAT in case of Puneet Kaur Vs. K V Developers Pvt. Ltd, Company Appeal (AT) (Insolvency) No. 390 of 2020 dated 1st June, 2022.
Since, the claims are appeared for audited balance sheet of the Corporate Debtor, it is a duty of the RP to consider it for inclusion in information memorandum.
We heard the RP in person he submitted that it is included in information memorandum however, Learned Counsel for the Applicant brought to our notice that E-mail was received by her client whereby, RP has rejected the claim. We deprecate such practice on behalf of the RP. If claims are reflected in information memorandum, he should have in all fairness informed the Applicant accordingly and ought not to have rejected the claims by way of such E-mail.
Since, claims are already reflected in information memorandum, may be as contingent liability.
With this, IA/99(MP)2022 stands disposed of.
IA/15(MP)2022
This application is filed by the RP for approval of the Resolution Plan.
IA/15(MP)2022 & IA/46(MP)2022 both matters stand adjourned to 29.07.2022.
