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Judgment
Heard Shri Ratnanko Banerji, Learned Senior Counsel for the Appellant and Shri Ashish Makhija, Learned Counsel for the Liquidator.
This Appeal has been filed against the order dated 11.08.2021 passed by the Adjudicating Authority (National Company Law Tribunal), Kolkata Bench, directing the Appellant to produce the Financial Agreement dated 19.12.2014. The said direction was issued on the request made by the Resolution Professional to submit original Loan Agreement and to permit the Resolution Professional to forward the same to Government laboratory for verification of the genuineness of the said document.
Shri Ratnanko Banerji, Learned Counsel appearing for the Appellant submits that in the reply which was filed before the Adjudicating Authority wherein it was clearly mentioned that the Appellant do not possess the original document which was stolen for which a complaint was lodged with New Alipore Police Station on 24.12.2019.
Learned Counsel appearing for the Liquidator submits that the Appellant has taken wavering stand from time to time. They have stated before the Committee of Creditors that they shall produce before the Resolution Professional. Subsequently, they have stated that the document is not available to them.
Be that as it may. We do not find any error in the direction issued by the Adjudicating Authority directing the Appellant to produce the original document. It is open for the Appellant to file a Compliance Affidavit in pursuance of the direction before the Adjudicating Authority and it is for the Adjudicating Authority to take further proceeding in accordance with law.
With these observations, the Appeal is dismissed.