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Tribunals and CommissionsDivision Bench(2023) 02 NCLT CK 3224

M/s. DMI Finance Pvt. Ltd. vs M/s. Abloom Infotech Pvt. Ltd.

National Company Law Tribunal · Decided on 14 February 2023

HON’BLE JUDGES
Bachu Venkat Balaram Das, Member (Judicial) · Rahul Bhatnagar, Member (Technical)
CASE NUMBER
I.A. 5981/ND/2022 in Company Petition No. (IB) – 2115/(ND)/2019

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Judgment

14 paragraphs · 328 words

ORDER

PER- RAHUL BHATNAGAR, MEMBER (TECHNICAL)

1.

This Application has been filed by M/s Dauphin Cables Private Limited, one of the shareholders of the Corporate Debtor i.e., Abloom Infotech Private Limited under section 60(5) praying for the following reliefs: -

a)

Direct the resolution professional to give documents and calculation based on which applicant admitted the claim of Financial Creditor.

b)

Direct the resolution professional to place documents and calculation based on which applicant admitted the claim of Financial Creditor.

c)

Direct the Resolution Professional redetermine the claim amount of the Financial Creditor in accordance with the provisions of the IBC.

d)

That to pass any other order as this Hon’ble Tribunal may see fit in lieu of justice

2.

We have heard the Ld. Counsels for both the parties at length.

3.

The applicant i.e. Dauphin Cables Private Limited has prayed to provide documents and calculation based on which the RP admitted the claim of the Financial Creditor.

4.

The applicant has however failed to point out under which provision/ regulation he can claim such documents.

5.

It is responsibility of Resolution Professional under section 18(1)(b) of the Code to collate all the claims submitted by creditors after verifying the same from supporting documents. In case the creditors have any grievance against the decision of Resolution Professional they can file application under 60(5) of the Code for seeking relief.

6.

We are of the considered view that there are no provisions in the code in which the Shareholders can ask for such documents from Resolution Professional. However, in the interest of justice and fair play, we direct the Resolution Professional to file an additional affidavit stating the claims admitted by the Resolution Professional with all the supporting documents and calculations within 7 days from the date of pronouncement of this order in the main Company Petition.

7.

I.A. 5981/2022 stands disposed of in terms of the above order.

Let a copy of order be served to parties.