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Judgment
This is an Application praying for condonation of 7 days delay in filing the Appeal.
The ground given in the Application is that the Order dated 10.09.2024 was uploaded on 18.09.2024 and thereafter Appellant applied for Certified Copy which was received on 03.10.2024.
We find sufficient cause has been shown in the Application for condonation of delay.
Delay condoned.
Comp. App. (AT) (Ins.) No. 7/2025
This Appeal has been filed by the Appellant challenging the Order dated 10.09.2024, by which I.A. No. 2653/2021 filed by the Resolution Professional (RP) has been dismissed.
In the Application which was filed by the Appellant, following prayers were made:
“a. Direct the Respondent to repay the total amount of claim of INR 85,36,142/- (Rupees Eighty Five Lakhs Thirty Six Thousand One Hundred Forty Two Only) along with the interest at the rate of 8% p.a. and litigation cost of INR 50,000/- (Rupees Fifty Thousand Only) in the Bank Account the details of which are mentioned below: Name of Beneficiary: Indiglobal Tradelinks Pvt Ltd Current Account No.: 50200058189493 Bank Name : HDFC Bank, Patel Nagar IFSC Code : HDFC0004400
b. Pass an order for issue of Bailable/Non-Bailable warrants against the Respondents in case the Respondents or their authorised representative are absent in hearing.
c. Any other order that the Hon’ble Tribunal may deem fit in the facts and circumstances of the case.”
The Appellant submits that the amount was due to M/s. Amtek Transportation Systems Ltd. of Rs.85,36,142/- which was required to be recovered for which Application under Section 60(5) has been filed by the Appellant before the Adjudicating Authority, which has been rejected.
The Adjudicating Authority in the Impugned Order made following observations while rejecting the Application:
“However the Applicant has not placed on record the purchase orders.
Further, there is nothing on record to show that the invoices have been received and acknowledged by the Respondent.
Further, the Applicant has also not placed on record a copy of the books of account on the basis of which the Applicant is claiming for the recovery of the amount in question.
Accordingly, we do not find any merit in the application and thus the application is dismissed.
The Respondents were set ex-parte on 19.07.2024.
IA-2653/2021 dismissed.”
We are of the view that no error has been committed by the Adjudicating Authority in rejecting the Application. We, however, also are of the view that for recovering any amount from Debtors, the RP is at liberty to take such proceedings for recovery as available in law.
Hence, with aforesaid liberty, we dismiss the Appeal.