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Judgment
Per: SAMEER KAKAR, MEMBER (TECHNICAL)
These IA's have been filed by the Resolution Professional of Chowel India Pvt. Ltd. u/s 60 (5) of the IBC, 2016.
The common relief sought in all the IA's is as under: -
"That the Adjudicating Authority issue suitable directions to the Respondent to pay the outstanding dues to the CD"
While going through the pleadings, it is noticed that the CIRP commenced on the Corporate Debtor vide order of this Bench dated 5th May, 2020 and the Applicant was appointed as the Interim Resolution Professional. The CoC confirmed the Applicant as the Resolution Professional in its meeting held on 21.7.2020.
The Applicant further states that while going through the Books of Accounts and the available records from the CD, the RP had a prima facie opinion based on the facts and circumstances that the following sum is pending from the running account of the CD from the various respondents: -
| Sl. No. | Name of Respondents | Amount due (Rs) |
|---|---|---|
| 1 | Sharda Motors Industries Ltd | 2,51,847.22 |
| 2 | S.K.Associates | 8,67,949.00 |
| 3 | Sri Stars CNC | 2,28,931.00 |
| 4 | SR Stamping components | 52,06,420.00 |
The applicant had issued demand notice on the respondents for payments of the above amounts, however none of the respondents have paid and hence the RP has moved these applications before this Bench with the prayers as stated above. In all the 4 IA's, the RP has attached a copy of the ledger account of the respondents, however no invoices or confirmation of debt was attached.
Advocate appearing for the respondents Mr. Karan Malhotra states that as per the records of the respondents no such amount is due to the CD and as such the debts were disputed. Similar arguments were advanced by the advocates appearing for the other respondents.
Section 60 (5) of IBC, 2016 is reproduced below :-
"Notwithstanding anything to the contrary contained in any other law for the time being in force, the National Company Law Tribunal shall have jurisdiction to entertain or dispose of—
(a)any application or proceeding by or against the corporate debtor or corporate person;
(b)any claim made by or against the corporate debtor or corporate person, including claims by or against any of its subsidiaries situated in India; and
(c)any question of priorities or any question of law or facts, arising out of or in relation to the insolvency resolution or liquidation proceedings of the corporate debtor or corporate person under this Code."
In our considered view, in case the RP is of the view that any debt is recoverable from the Respondents, then steps should be undertaken by the RP for recovery of the dues by filing Civil Suits or other remedies instead of approaching this Tribunal for issue of directions for recovery of the amounts due to the CD u/s 60 (5) of the IBC, 2016.
Accordingly, these IAs being IA Nos. 459/CHE/2021; 415/CHE/2021; 458/CHE/2021 and 422/CHE/2021 are dismissed.
No order as to cost.