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Judgment
21.05.2025: Heard counsel for the appellant as well as Ld. Cousne appearing for the Resolution professional (respondents herein). This appeal has been filed against the order dated 10.01.2025 passed by the National Company Law Tribunal, Ahmedabad, Division Bench, Court-1 in IA No. 40 of 2025. Ld. Counsel for the appellant during the submission confined his prayer to prayer-c as noticed in para-1 of the impugned order which prayer is as follows:-
“1(c) To allow the Applicant to submit its claims before the Respondent No. 1 Resolution Professional for all the amounts paid or receivable by the Applicant to Kingston Paptech Pvt. Ltd. "Corporate Debtor" under all the agreements between the Applicant and Kingston Paptech Pvt. Ltd. "Corporate Debtor' wherein Kingston Paptech Pvt. Ltd. "Corporate Debtor" has failed to perform its obligations.”
Counsel for the appellant submits that the corporate debtor has entered into agreement to sell dated 27.11.2015, under the agreement to sell part consideration was paid by the appellant and further balance was paid to the third party as alleged on behalf of the Corporate Debtor to financial creditor.
The RP has filed an application for taking possession of the assets which was allowed on 12.12.2024 and the counsel for the RP submits that he has already has taken possession he is in possession of the assets. Ld. Counsel for the appellant as noted above has confined his prayer to permitting the applicant to submit its claim before the RP for all the amount paid or receivables by the applicant from the corporate debtor.
Ld. Counsel for the RP submitted that the CoC has been reconstituted and claims have been verified.
In the facts of the present case we are of the view that ends of justice be served in permitting the appellant to file a claim before the RP within two weeks from today. Resolution professional shall proceed to verify and collate the claim in accordance with law.
We make it clear that we have not considered any other prayer nor expressing any opinion with regard to any other issue involved in the appeal. With the aforesaid directions this appeal is disposed of.