9911796707
TMI Blog2019 (9) TMI 225X X X X Extracts X X X X X X X X Extracts X X X X ..... Ors [2019 (1) TMI 1508 - SUPREME COURT] as already held that the Resolution Professional has no jurisdiction to decide the claim of one or other party. This Appellate Tribunal has also held earlier that the Resolution Professional can only collate the claim. Apart from the fact that earlier the same issue was raised and we did not entertain the appeal in view of the fact that nobody ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cated goods i.e. the four cranes, against which he had moved before this Appellate Tribunal, which had not been accepted. 2. Learned counsel appearing on behalf of the Respondent referred to some order passed by the Bombay High Court. However, we are not inclined to decide the claim and counter claim made by the parties for the reasons below. 3. The Appellant ea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olution Professional rejecting the claim of appellant with the observation to place the matter before the Committee of Creditors in the interest of justice, has not been entertained. 2. There being a disputed claim of the Operational Creditors ; on 22nd May, 2018 the appellant was directed to file additional affidavit and to state whether claims were shown in the records of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant in spite of repeated calls. From the record we find that there is a disputed question of fact which cannot be decided by the Resolution Professional or the Adjudicating Authority . The appellant can raise such issue and claim at an appropriate stage, i.e. after moratorium is over. In the aforesaid background, we are not inclined to decide such claim. Appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
