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2020 (4) TMI 703 - Tri - Insolvency and BankruptcyAdmissibility of application - section 60(5) of the Insolvency Bankruptcy Code, 2016 - initiation of CIRP - Corporate Debtor failed to make repayment of its debt - existence of debt and dispute or not - HELD THAT - On perusal of the records, it is found that Form F at Page 29 of the application is incomplete - It does not contain any date and address of the executor of the form. In the Declaration Form, all the spaces are blank and no address is given. Under such circumstances, the genuinity of the document(s) is/are not only doubtful but it cannot be entertained in any manner. Application cannot be admitted.
Issues Involved:
1. Admission of application under Section 60(5) of the Insolvency & Bankruptcy Code, 2016. 2. Adjudication of the Applicant's claim as per Section 5(8)(f) of the Insolvency & Bankruptcy Code, 2016. 3. Inclusion of the Applicant in the Committee of Creditors. 4. Costs and further reliefs. Issue-wise Detailed Analysis: 1. Admission of Application under Section 60(5) of the Insolvency & Bankruptcy Code, 2016: The Applicant sought the admission of their application under Section 60(5) of the Insolvency & Bankruptcy Code, 2016. The Tribunal reviewed the records and day-to-day order sheets of the proceedings and found that the allegations by the Applicant’s lawyer regarding the Respondent lawyer changing statements were baseless. The Tribunal emphasized that order sheets are not final orders based on the merit of the case but are meant to keep track of the proceedings. 2. Adjudication of the Applicant's Claim as per Section 5(8)(f) of the Insolvency & Bankruptcy Code, 2016: The Applicant claimed to have paid ?2 crores as earnest money for the purchase of land from the Corporate Debtor and sought to be recognized as a Financial Creditor. The Tribunal noted that there was no agreement between the Corporate Debtor and the Applicant regarding the sale and purchase. The documents provided by the Applicant, such as a letter dated 27.02.2019 and an E-receipt of the fund transfer, did not substantiate a valid contract. The Tribunal highlighted that a contract requires acceptance from both parties, which was absent in this case. The Tribunal referred to Section 4 of the Contract Act, 1872, stating that an offer cannot be completed without acceptance from the seller. The Tribunal concluded that the Applicant’s claim did not meet the criteria of a financial debt under Section 5(8)(f) of the Insolvency & Bankruptcy Code, 2016, as there was no evidence of a forward sale or purchase agreement having the commercial effect of borrowing. 3. Inclusion of the Applicant in the Committee of Creditors: The Applicant sought to be declared a member of the Committee of Creditors. The Tribunal found that the Applicant failed to produce any documents to substantiate their claim as a Financial Creditor. The Tribunal also noted that the Applicant's claim as an “other stakeholder” was clouded and needed thorough verification by the Resolution Professional (RP). The Tribunal emphasized that earnest money serves as a security for the performance of a contract, but in this case, there was no contract between the Applicant and the Corporate Debtor. The Tribunal concluded that the Applicant’s claim could not be accepted in the absence of any acceptance from the Corporate Debtor. 4. Costs and Further Reliefs: The Applicant also sought the cost of the application and any further reliefs deemed fit by the Tribunal. The Tribunal dismissed the application in toto, stating that it had no merit. The Tribunal also noted that the documents relied upon by the Applicant were not duly certified and verified as per the NCLT Rules, 2016. Additionally, the Tribunal found that the authority letter issued by the Applicant, being a proprietor, was invalid as a proprietorship firm is not a legal entity. Conclusion: The Tribunal dismissed the application filed by the Applicant, finding no merit in the claims. The Applicant failed to substantiate their claim as a Financial Creditor or as an “other stakeholder” due to the lack of a valid contract and proper documentation. The Tribunal emphasized the necessity of acceptance in forming a contract and the requirement for proper certification and verification of documents as per legal standards.
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