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TMI Blog2020 (11) TMI 997X X X X Extracts X X X X X X X X Extracts X X X X ..... ractice, service through paper publication comes into picture when personal service is not effected. That option is not available. So in a situation like this, there is every possibility for missing out information, but that cannot take away the primary right of realization against the debtor. Therefore, it cannot be made straight jacket formula to reject the claims outright at least until before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by next date of hearing. List this matter for reporting on 08.12.2020. IA-4589(PB)/2020:- It is a claim application filed by the claimant upon rejection of its claim by the RP. It is a claim over an arbitral award directing the corporate debtor to pay ₹ 12,18,37,944 to the applicant. When that payment has not been made, the claimant, with respect to this arbitration award, initi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the resolution plan has already been approved by the CoC. To which, the RP has given bland answer saying records of the company not available, if that is the situation, the RP duty was to obtain records from the ex-management, and then to verify the claims and financial position and then take up Resolution Plan. No doubt approval of the resolution shall be time bound and good for all the st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... forts to get the records from the ex-management. This is more important than hurriedly wrapping up the company with a resolution plan, then only whole some justification could be done to the purpose for which this Code has come into existence. Many a times there could be a possibility to the creditors not knowing about initiation of CIRP. It comes out through paper publication. In normal practi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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