9911796707
TMI Blog2021 (12) TMI 154X X X X Extracts X X X X X X X X Extracts X X X X ..... him, pursuant to the public announcement made under Sections 13 and 15 - HELD THAT:- In view of the facts that the 'Adjudicating Authority' had observed in the impugned order at paragraph 8 that the applicant himself had admitted the application that the Ex-directors were fraudulent and in fact, the Payments claimed to be made by the Petitioners/Appellants for one Mr. Rohit were not sup ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Members (T) For the Appellant : Pawan Shree Agarwal and Kartikay Mudgal, Advocates For the Respondents : Varsha Banerjee and Alok Dhir, Advocates ORDER The Appellants have preferred the instant CA (AT) (Ins) No. 581 of 2021 as 'Aggrieved Persons' being dissatisfied with the impugned order dated 02.03.2021 in I.A. No. 2771 of 2020 in CP No. IB-1771(ND)/2018 passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The payments claimed to have been made by petitioners in cash to the Mr. Rohit is not supported with any of the entries in the books account of the CD. The applicant himself admits in the application on hand that ex-directors are fraudulent. The independent legal remedies are available with the applicant to recover the amount, if any, from Mr. Rohit. But the CIR Process can't be used to perpe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents for the previous two years; (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified; (b) Receive and collate all the claims submitted by creditors to him, pursuant to the public announcement made under Sections 13 and 15. Apart from that, he can verify the entries in the 'Books of Accounts' of the 'Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er allowing interest 8% on ₹ 15,29,057/- which was rightly calculated, which was not arbitrary in nature and no direction can be issued to the Resolution Professional etc. We are in complete agreement with the view taken by the 'Adjudicating Authority' in dismissing the application. Looking at from the angle, the Appeal sans merits. In fine, the instant CA (AT) (Ins) No. 581 of 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
