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TMI Blog2021 (10) TMI 1039X X X X Extracts X X X X X X X X Extracts X X X X ..... r, this Tribunal, in its Judgement dated 16.10.2019 in Comp. App. (AT)(Ins) No.412/2019 (filed by the Appellant/Operational Creditor) at paragraph 10 and 11 had observed the following:- "10. The only question arises for consideration is as to how Section 9 application was admitted if the amount is found to be Rs. 2173 which is much less than Rupees One Lakh. 11. In this regard we may only mention that at the stage of admission of application under Section 9, the Adjudicating Authority is required to notice whether the record is complete and there is a 'debt' and 'default' as per decision of the Hon'ble Supreme Court in 'Innoventive Industries Ltd. v. ICICI Bank; (2018) 1 SCC 407). Even if the claim amount is disputed and is more than Rupees One Lakh, it is to be admitted, the Adjudicating Authority is not required to go into the details of verification of the claim which is required to be made by the 'Resolution Professional' and therefore, even if some record shows that claim amount is Rupees One Lakh, it is always open to the 'Resolution Professional' to collate the claim." and had not interfered with the impugned order dated 14.03.2021 passed by the Adjudicating Authority ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... atorium imposed by the Adjudicating Authority on 15.11.2017 under the I&B Code, the Suspended Board had mortgaged the Assets of the 1st Respondent/Company and created ''Charge'' in favour of the ''Consortium of Banks'' consisting of one Bank of Maharashtra (2) Allahabad Bank and (3) Union Bank of India (Charge ID No.100191948) created on 26.8.2018 (coming under the strict moratorium period and during 'CIRP') in order to obtain the loan of Rs. 1,01,05,00,000/-. 7. The Learned Counsel for the Applicant/Appellant submits that the Suspended Board of Directors of the 1st Respondent/Company in violation of law held a Board Meeting on 15.06.2018 at the Registered Office of the 1st Respondent/Company and resolved for mortgaging the land of Respondent No.1 admeasuring 10.10 acres situated at Aralvaimozi, Nagercoil on NH-4TB (Chennai Nagercoil Highway), Kanyakumari Registration District, Thovalai Taluk, Thovalai Sub-registrar's Saragam, Aralvaimozhi Village, Tamil Nadu. Indeed, the 2nd Respondent had not objected to the conduct of ''Suspended Board of Directors' and passing of such 'Resolution'. 8. The plea of the Applicant is that one of the Directors of the ''Suspended Board of Directors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irreparable loss not only to the Applicant but also to the whole structure established through the I&B Code. 13. The Learned Counsel for the Applicant/Appellant while rounding up prays for allowing of IA No.265/2019 in Comp App (AT)(Ins) No.412/2019, by this Appellate Tribunal, in exercise of its inherent power, to recall the judgment dated 16.10.2019 passed by this 'Tribunal' in Comp App (AT)(Ins) No.412/2019 and to set down the 'Appeal' for fair 'Hearing' on merits. First Respondent's Contentions: 14. The Learned Counsel for the 1st Respondent submits that the main Comp App (AT)(Ins) No.412/2019 on the file of National Company Law Appellate Tribunal, New Delhi was disposed of on 16.10.2019 whereby and where under the 'Appeal' was dismissed and the same had attained finality, without there being no further proceedings against the order dated 16.10.2019. 15. The Learned Counsel for the 1st Respondent contends that the Appellant/Applicant's original claim before the Resolution Professional was allowed only to an extent of Rs. 2173/-, as against the false claim of Rs. 2,39,33,935/-. In reality, the Applicant/Appellant had preferred an MA No. 677/2018 on the file of the National C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eme Court of India as against the order dated 16.10.2019 passed by this Tribunal in Comp App (AT)(Ins) No.412/2019 whereby, the Appeal was dismissed and that the Applicant is indulging in 'Forum Shopping' and litigating with an 'ulterior motive' and prays for the dismissal of the Application with exemplary costs. Assessment 22. The Applicant/Appellant in IA No.265/2019 in Comp App (AT)(Ins) No.412/2019, has prayed for an exercise of inherent powers by this 'Tribunal' and to recall (Simpliciter) of the order dated 16.10.2019 pass by this Tribunal in Comp App (AT)(Ins) No.412/2019, on the ground of 'Fraud' played by the Respondents. Apart from this, a relief is sought for by the ''Applicant'' for setting down the Appeal for 'Hearing' on its merits, after allowing of the ''Application''. 23. It comes to be known that the Applicant/Appellant in IA No. 265/2019 Comp App (AT)(Ins) No.412/2019 on the file of this 'Tribunal' has sought (a) the relief to place on record the submissions pertaining to the fraudulent acts of the Respondents, besides other reliefs as mentioned Supra. 24. The Applicant/Appellant has preferred IA No.265/2019 in Comp App (AT)(Ins) No.412/2019 seeking necessary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , an order/ judgment passed by it cannot be either Reviewed or Recall as opined by this Tribunal. 28. As far as the present case is concerned, it is to be pointed out pertinently that the Applicant/Appellant filed MA No.677/2018 on the file of the National Company Law Tribunal, Chennai against the rejection of it claim. As a matter of fact, before the Resolution Professional the Appellant/Applicant's claim was permitted to a sum of Rs. 2173/- as against the claim of Rs. 2,39,33,935/- and that the said MA No.677/2018 came to be dismissed on 14.03.2019, as against the said dismissal order, Comp App (AT)(Ins) No.412/2019 was preferred by the Appellant before this Tribunal, which resulted in dismissal on 16.10.2019. 29. It is not in dispute that as against the judgment dated 16.10.2019 in Comp App (AT)(Ins) No.412/2019 (in the matter of Agarwal Coal Corporation Pvt Ltd V Sun Paper Ltd & Anr) passed by this ''Appellate Tribunal'' dismissing the Appeal, the Applicant/Appellant has not preferred an ''Appeal'' to the Hon'ble Supreme Court of India as per Section 62 of the I&B Code, 2016. Therefore, it is crystalline and clear that the judgment dated 16.10.2019 passed by this Tribunal in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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