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TMI Blog2021 (9) TMI 753X X X X Extracts X X X X X X X X Extracts X X X X ..... mitted and CD is under Moratorium. IRP has been appointed by this Bench and he is performing his duties as per the provisions specified under Sections 17, 18, 20 21 of IBC, 2016. The IRP/RP is duty bound to examine the documents minutely before admitting any claims submitted by the Creditors including the claim of the Applicant. Application rejected. - I.A.NO.36 OF 2021 IN C.P. (IB)No.07/GB/2021 - - - Dated:- 26-8-2021 - Hon ble Shri H. V. Subba Rao, Member (J) And Hon ble Shri Prasanta Kumar Mohanty, Member (T) ORDER [Per se: Hon ble Shri Prasanta Kumar Mohanty, Member (T)] 1. This application has been filed under Section 340 Read with 195 (1)(b) of Code of Criminal Procedure, 1973 Read with Sections 193, 199, 200, 46 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6,71,78,312.00 Term Loan- II 50201046842 1,26,00,000.00 1,77,60,738.00 Term Loan- III 50261528496 68,15,000.00 88,47,255.00 Cash Credit Loan 50201081399 75,00,000.00 2,50,46,033.00 True Copy of the Application dated 5.2.2021 along with annexures filed by the Financial Creditor under Section 7 of IBC is annexed herewith and marked as ANNEXURE A2. 5. It is also submitted that the following documents forming part of Section 7 Application filed by the Financial Creditor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t). It is submitted that the Term Loan III Agreement filed by the Financial Creditor is a fabricated and false document. The signature of Applicant on the said Agreement is forged and fabricated by the Financial Creditor and its officers by digitally copying and translating the signature of the Applicant from Term Loan- I Agreement dated 25.03.2013 and affixing it on the Term Loan III Agreement. The Applicant had never signed on the Term Loan III Agreement. 7. Advancing the afore-mentioned facts, the Applicant has prayed that this Hon ble Tribunal may be graciously pleased to: (a) to initiate preliminary enquiry under Section 340 of Code of Criminal Procedure against the Financial Creditor and Sh. Aditya Kumar Behera authorized signat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of this CD i.e. M/s Cleanopolis Energy System India Pvt. Ltd. under Section 7 of the IBC, 2016, commenced CIRP Process of the Corporate Debtor and appointed Mr. Amit Pareek as the IRP. Certified true copy of order dated 7.4.2021 passed by this Hon ble Tribunal in CP (IB)/7/2021 has been annexed herewith by the Petitioner and marked as ANNEXURE A1. 9. The Counsel further submits that the CD had availed Cash Credit Limit and Three Term Loans with a total limit of ₹ 7,43,15,000.00 (Rupees Seven Crore Forty Three Lakhs Fifteen Thousand only) but there is a dispute only in one Term Loan No. Term Loan III documents with the Sanctioned amount of ₹ 68,15,000.00 (Rupees Sixty Eight Lakhs Fifteen Thousand only) out of the tota ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 6,75,00,000.00 (Rupees Six Crores Seventy Five Lakhs only) excluding the Term Loan No. III. 13. Heard the Counsel at length ,We are of the considered view that there is no need to entertain the prayer made here by the Suspended Management/Director , when the Petition filed by the FC for ₹ 7,43,15,000.00 under Sec7 of IBC has been admitted and CD is under Moratorium. IRP has been appointed by this Bench and he is performing his duties as per the provisions specified under Sections 17, 18, 20 21 of IBC, 2016. The IRP/RP is duty bound to examine the documents minutely before admitting any claims submitted by the Creditors including the claim of the Applicant. 14. However, the Petitioner- Suspended Director is at liberty to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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