9911796707
TMI Blog2018 (3) TMI 1812X X X X Extracts X X X X X X X X Extracts X X X X ..... 5) of the IBC, 2016 seeking necessary direction to the Resolution Professional to admit the claim submitted by the Applicant herein. Brief facts of the Case: 2. The Applicant; National Spot Exchange Ltd. (NSEL), having its registered office at 6th Floor, Chintamani Plaza, Chakala, Andheri-Kurla Road, Andheri (E), Mumbai - 400 099, had set up as an electronic platform for spot trading in commodities and precious metals in accordance with the Rules and Bye-laws notified by the Applicant and under the regulatory purview and oversight of the Forward Markets Commission (FMC). The Applicant enrolled a Trading Member viz. P.D. Agro Processors Pvt. Ltd. (PDAgro), which is a sister concern of the Corporate Debtor herein i.e. Dunar Foods Ltd., to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aims from its Creditors, the Applicant; NSEL submitted its claim in Form-F on 17.01.2018 to the Resolution Professional wherein it narrated the background of the case and emphasized that the Applicant is an indirect Creditor of the Debtor Company, thus, established the eligibility to submit the claim. After submission of the claim, the Applicant followed up with the Resolution Professional through various e-mails and telephone calls to know the status of it's claim. 5. However, in response to enquiries made by the Applicant, the Resolution Professional; Mr. Anil Kohli sent email on 02.06.2018 to the Applicant explaining the status of the Applicant's claim as on that date. The content/matter of the email is reproduced below: "Dear Team ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mit additional documents in support of your claim against Dunar Foods Ltd. & precise amount of claim in the case. We have been provided with the additional documents by you. We have considered your submissions & additional documents provided by you. From perusal of FORM-F and supporting documents submitted by NSEL, it is evident that the claim filed to the extent of Rs. 673.85 [sic] is claimed against P.D. Agro Processors Pvt. Ltd. Even the agreements annexed along with the claim i.e. dated 28.08.2012 and 11.20.2012 [sic] have been entered between NSEL and P.D. Agro Processors Pvt. Ltd. Dunar Foods Ltd., the Corporate Debtor is neither a party to the said agreements nor any term or obligations is upon the Corporate Debtor. The present CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of claim, if any. In the instant case, NSEL has failed to provide any supporting documents in order to establish existence of claim against the Corporate Debtor. NSEL has neither submitted any agreement between NSEL and the Corporate Debtor in order to demonstrate that NSEL is a creditor of the Corporate Debtor nor any letter/guarantee issued by Dunar Foods Ltd. in favour of NSEL guaranteeing payment towards the dues of P.D. Agro Processors Ltd. Hence, claims of NSEL cannot be admitted in view of above. Regards, Anil Kohli - Resolution Professional - Dunar Foods Ltd." Findings: 7. This Bench has heard both sides and perused all the written submissions. It is distinct and noticeable from the pleadings and evidences from both the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the records available with an information utility, if any; or (b) other relevant documents, including - (i) a contract for the supply of goods and services with corporate debtor; (ii) an invoice demanding payment for the goods and services supplied to the corporate debtor; (iii) an order of a court or tribunal that has adjudicated upon the non-payment of a debt, if any; or (iv) financial accounts. 7.1 On careful reading, it is necessary for a claimant to place on record that there was existence of debt due to the said Operational Creditor to be claimed against the Corporate Debtor. There should be a direct nexus between Operational Creditor and the Corporate Debtor. It is to be established by the Operational Creditor throug ..... X X X X Extracts X X X X X X X X Extracts X X X X
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