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TMI Blog2019 (11) TMI 1537X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 5(8) of the provisions of the I B Code, 2016 or in the case an assignment legally assigned, then such person can approach this Tribunal seeking for the enforcement of the claim before this Tribunal. As per the instant case the debt has been assigned, the assignee is the party who is to come before this Tribunal who has not, hence we find credence in the submission of the Learned Counsel for the Corporate Debtor in relation to the maintainability of the Petition filed by the Petitioner. Counsel for the Corporate Debtor also brings to the notice of this Tribunal that eventhough an Arbitration award was passed by the Learned Arbitrator in relation to the claim filed out of the above mortgage deed and the debts reflected thereunder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Corporate Debtor which has been granted to a 3rd party. Learned Counsel for the Corporate Debtor brings to the notice of this Tribunal, the typed set of documents filed by the Corporate Debtor in this regard. It is pointed out by Counsel for the Corporate Debtor that vide letter dated 28.01.2013 sent by the Petitioner herein to the Corporate Debtor which reflects as follows:- We confirm that the Loan of ₹ 2.00 (Rupees Two Crores Only) and registered with the Registrar of Companies under Charge ID No. 10174373 and 10174326 has been assigned to Mr. K. Saravanan. Hence, the charges under the aforesaid charge ID with the Registrar of Companies in favour of the undersigned company is hereby released. This letter is i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ditor that either the person to whom the financial debt is owed as defined under Section 5(8) of the provisions of the I B Code, 2016 or in the case an assignment legally assigned, then such person can approach this Tribunal seeking for the enforcement of the claim before this Tribunal. In the circumstances as per the instant case the debt has been assigned, the assignee is the party who is to come before this Tribunal who has not, hence we find credence in the submission of the Learned Counsel for the Corporate Debtor in relation to the maintainability of the Petition filed by the Petitioner. 6. Be that as it may, it is also pointed out by the Learned Counsel for the Corporate Debtor that the amount which is claimed before this Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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