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2021 (1) TMI 571

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..... To direct Respondent to admit the claim of the applicant to the tune  of Rs. 50,65,332 as Financial Creditor. * Not to conduct any meeting in absence of the applicant; * To declare any meeting of Committee of Creditors convened by the Respondent, in absence of the applicant herein as illegal and void apart from other prayer. 2.  The instant application is filed by the applicant claiming himself to be a financial creditor. It is matter of record that CP(IB)82/2018 was admitted on 20.01.2020 and accordingly CIRP process is initiated against the Corporate Debtor appointing Mr. Sunil Kumar Agarwal as Interim Resolution Professional, on the appointment of IRP, IRP made public announcement on 24.01.2020 in Form -A contemplated und .....

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..... spondent on 17.07.2020 to convene CoC meeting on 23.07.2020. However, on 18.07.2020 the respondent informed the applicant regarding rejection of applicants claim as Financial Creditor and further informed that the applicant had no right to call for the CoC meeting under the Regulation, as it was not a part of CoC anymore and further informed the applicant to submit new Form-C with supporting document to support their claim as Financial Creditor. In view of such demands by Respondent the applicant vide E-Mail dated 20.08.2020 again submitted Form -C along with supporting documents such as Pan Card, Loan Agreement between the Applicant and Corporate Debtor, Board Resolution, Ledger etc. 7.  On receipt of the notice the RP appeared and f .....

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..... the commencement date, may be used before a period of six months from the date of purchase of such stamps is completed, or delivered for claiming and the allowance under the relevant provision of this Act; and any stamps not so used or so delivered within the period aforesaid shall be rendered invalid. (b)  Any stamps which have been purchased on or after the commencement date but have not been used, or no allowance has been claimed in respect thereof, within a period of Six months from the date of purchase thereof, shall be rendered invalid." 11.  Hon'ble Supreme Court in "Thiruvengada Pillai v/s Navneethamal and Anr. held that stamp paper, even after it is more than six months old, is valid to be used. Section 54 just bar .....

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