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TMI Blog2019 (5) TMI 1715X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assets of the corporate debtor who is under liquidation and (ii) he is sitting as a quasi judicial authority to determine the claims of the creditors. In such situation, it becomes too essential for him to give reasons for his decision about admitting or rejecting the claim. As already pointed, the Liquidator did not produce copy of the order. The matter is remitted back to the Liquidator for passing appropriate reasoned order by rejecting or allowing/ partly allowing the claim of the appellant, as per the rules - appeal allowed by way of remand. - CA (IB) No.149/KB/2019 in CP (IB) No.574/KB/2017 - - - Dated:- 10-5-2019 - Shri M.B. Gosavi, Hon'ble Member(J) Mr. Anil Goel, Mr. Arun Kr. Gupta, Mr. Wrishik Gan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Arbitral Tribunal. Hence, it is was difficult to ascertain the disputed amount at this stage. However, he admitted the claim as far as undisputed sum of money is concerned. He pass the order accepting the claim provisionally subject to outcome of arbitral proceeding. According to the Liquidator, it was difficult for him to accept the appellant's claim in entirity. Accordingly, he passed the order. 5. I heard, Mr. Anil Goel, the Ld. Liquidator in person and Ld. Counsel for the appellant. Ld. Counsel submitted that the Liquidator has either to admit the claim or reject it. He being quasi judicial authority, he cannnot withhold the claim on the ground that arbitral proceeding is pending. Hence, the order under challenge is require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the claim of the appellant. 8. I perused the records. I did not come across any reasoned order passed by the Liquidator accepting or rejecting the claim. The appellant did not produce copy of such formal order. The Liquidator, though filed affidavit in-reply in this proceeding, did not produce the copy of his order for perusal of this authority. In this case, the Liquidator is acting in dual capacity, (i) that he is in control of the assets of the corporate debtor who is under liquidation and (ii) he is sitting as a quasi judicial authority to determine the claims of the creditors. In such situation, it becomes too essential for him to give reasons for his decision about admitting or rejecting the claim. As already pointed, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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