2019 (9) TMI 1026

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..... e Creditors. This is not a process of sitting and deciding disputed claims. For collating, the IRP has to receive the claim and examine the same. While examining, the IRP did not find that the claim was made out with support of appropriate documents. As such, the IRP may not have considered the claim and the Adjudicating Authority has looked into it and did not find anything wrong with the act of .....

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..... K. Moorthy for RP ORDER Operational Creditor, who may not be able to trigger CIRP process under Section 9 of Insolvency and Bankruptcy Code, 2016 ( Code in short) due to pre-existing dispute, wants to hold up pending CIRP process, insisting that its claim be first decided. 2. Heard Advocate Shri Subas Chandra Das for the Appellant and .....

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..... ic audit and injunct CIRP in the meanwhile. The Adjudicating Authority has after hearing the Appellant and going through the record placed by the Appellant, noticed that the Appellant had earlier moved the Hon ble High Court of Madras for winding up without success. Annexure A12 shows, Appellant had filed Petition against the Corporate Debtor for winding up on ground of inability to pay debt and .....

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..... moved Civil Court by filing Suit with Additional Senior Civil Judge and CJM at Ballari in 2014 which is still pending. The learned Counsel for the Appellant submits that in the Suit, there was also an Order of attachment and so it should be accepted that the Appellant has a good case, and that the Application of the Corporate Debtor for setting aside the attachment was not accepted. .....

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..... IRP did not find that the claim was made out with support of appropriate documents. As such, the IRP may not have considered the claim and the Adjudicating Authority has looked into it and did not find anything wrong with the act of collating done by IRP. CIRP process cannot be converted into adjudication Forum to settle claims already in disputes in Court. In the circumstances, we do not find any .....

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