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TMI Blog2019 (3) TMI 1746X X X X Extracts X X X X X X X X Extracts X X X X ..... to the applicant to file the claim before the liquidator. It is also further brought to the notice of the Tribunal that liquidator had issued public notice calling for claims. It is true this Tribunal passed liquidation order against the corporate debtor. This application is filed during CIRP. Since liquidation order is passed and liquidator is appointed, therefore the applicant has to file its claim before the liquidator as per provisions of the Code dealing with liquidation. Application disposed off. - I. A. No. 122 of 2018 in C. P. (IB) No. 111/7/HDB/2018 - - - Dated:- 5-3-2019 - Ratakonda Murali (Judicial Member) For the Applicant : Abhishek Anand with Harish Kumar (R.) For the liquidator : Ameya Gokhale, Ms. Radhika ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im, an application was filed before this Bench which was dismissed. Aggrieved by the order of this Tribunal, the applicant preferred an appeal under section 61 of the Code before the hon'ble National Company Law Appellate Tribunal and pursuant to direction of the hon'ble National Company Law Appellate Tribunal, the applicant received a sum of ₹ 10,00,000 from the corporate debtor. (f) Further, it is the case of the applicant that a sum of ₹ 5,00,000 was to be deducted from the total amount owing to expenses related to a Mercedes car transferred to the applicant. (g) It is averred pursuant to issuance of public announcement by resolution professional dated August 10, 2017 inviting claims from creditors, the applican ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onal. Counsel for resolution professional/liquidator contended that since the Tribunal passed liquidation order against the corporate debtor company, the applicant has to file separate claim before the liquidator. The applicant has a right during liquidation to present any claim before the liquidator. Counsel for the applicant has no objection if such a direction is given to the applicant to file the claim before the liquidator. It is also further brought to the notice of the Tribunal that liquidator had issued public notice calling for claims. 4. It is true this Tribunal passed liquidation order against the corporate debtor. This application is filed during CIRP. Since liquidation order is passed and liquidator is appointed, therefore t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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