9911796707
TMI Blog2021 (6) TMI 316X X X X Extracts X X X X X X X X Extracts X X X X ..... on 65 of I B code, only once the Petition is admitted and CIRP has been initiated - application disposed off. X X X X Extracts X X X X X X X X Extracts X X X X ..... Singh Suri. That Mr. Surpreet Suri has been writing to his other two partners from time to time, pointing out the various frauds being played in the group companies. The Applicant has gained knowledge of some of the frauds being played in the group companies, including in the CD, through the information circulated by Mr. Surpreet Singh Suri via his various emails. True copies of some of the emails, dated 30.12.2018, 08.02.2019, 22.02.2019, 25.02.2019, 05.03.2019, 20.04.2019, 15.10.2019 and 01.12.2019, Mr. Surpeet Singh Suri had written to both Mr. Nirmal and Mr. Vidur, enquiring them about the various transactions in their group companies have been attached. 5. It is further stated that, inter alia, the email dated 15.10.2019, mentioned ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The registered office of CD is in New Delhi. The stamp paper No. DX325058, of ₹ 100/-, used for preparing the above said so called Agreement, dated 08.05.2019, was purchased in Uttar Pradesh. c. That all the four reminder letters have been written by the same person/official namely, Mr. Vivek Kumar, on behalf of the Financial Creditor and further all these four reminder letters have been received by the same person/official, namely, Mr. Nitin Kumar Sinha, on behalf of the CD. d. That a casual look at the Statement of the Bank Account No. 36759100958, State Bank of India, Nehru Place Branch, New Delhi, from 01.05.2019 to 30.06.2020, of the Financial Creditor/Applicant, attached as Annexure P-8, (Pages 41 to 113), would show that h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has totally unexplainably further advanced an amount of ₹ 7.50 crores to the CD on 13.05.2020 (through three transactions of ₹ 3 crores, ₹ 3 crores and ₹ 1.5 crores on the same day). In the present Company Petition, the Financial Creditor has deliberately not mentioned this loan of ₹ 7.50 Crores to the CD. 7. This bench, after going through all the facts and documents as produced by the Applicant in support of its application, is of the view that the Applicant has not been able to clearly establish his relationship with the main Company Petition. 8. The Applicant in its prayer (b), prays to "Dismiss the present Company Petition, under Section 65 of the I & B Code, 2016..". However, on the bare rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 65 of I & B code, only once the Petition is admitted and CIRP has been initiated.
9. The Applicant in its prayer (c), prays; "Impose a very heavy penalty on the Financial Creditor for intentionally and mischievously filing this malicious and fraudulent collusive Company Petition, in criminal conspiracy with the Corporate Debtor". The said prayer cannot be granted, the information provided by the applicant is taken on record and would be considered at the time of passing of the order in C.P. (IB)-1248(PB) of 2018 as per the provisions of the I & B Code, 2016 and applicable rules thereon.
10. LA. 4971/2020 stands disposed of in terms of the above order.
Let a copy of order be served to parties. X X X X Extracts X X X X X X X X Extracts X X X X
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