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TMI Blog2021 (3) TMI 1286X X X X Extracts X X X X X X X X Extracts X X X X ..... or. Therefore, the IRP/RP can always ask for such information/documents/evidence from creditors as is considered necessary for the purpose of verification/substantiation of the claims. In the instant case, the petitioner has admittedly paid only an amount of ₹ 15,29,057/- to the Corporate Debtor, as is evident from books of account of the CD. This amount is duly supported by credible documentary evidence i.e., books of account and other accounting record of CD and verified by the RP. It is worthwhile to record that RP has to do the verification of claims strictly in accordance with accounting entries appearing in the CD s accounts. The payments claimed to have been made by petitioners in cash to the Mr. Rohit is not supported with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lling the application dated 28.06.2017. However, the IHCPL was not able to provide the Unit in the project. In the month of the February and March 2019, the representative of IHCPL approached the applicant for transfer of applicant's investment from IHCPL to CD's project namely Victory Ace , which was agreed by the applicant and swapping request letter was sent vide dated 03.03.2019 to the IHCPL. ii. It is submitted that vide allotment letter No. VA-000993 the applicant was allotted Flat No. A2-0902 in Victory Ace for the Consideration of ₹ 45,94,625/-. For the above flat the applicant paid a further amount of 6,00,000/-. The total amount including the payment to IHCPL, assured rent as per the MOU terms and other payments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Applicant relied on the judgment of Hon ble NCLAT namely, Mr. S. Rajendaran, Resolution Professional of PRC International Hotels Private Limited v/s Jonathan Mouralidarane, CA (AT)(Ins) 1018/2019. It was held in this judgment that: Having heard learned Counsel for the Appellant, we are of the opinion that the Resolution Professional had no jurisdiction to determine the claim as pleaded in the Appeal. He could have only collated the claim, based on evidence and the record of the Corporate Debtor' or as filed by Jonathan Mouralidarane (Financial Creditor). If an aggrieved person thereof moves before the Adjudicating Authority and the Adjudicating Authority after going through all the records, comes to a definite conclusion t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplicant as per the books of account of the CD as per regulation 14(2) r/w regulation 13 of CIRP regulation. Furthermore, the CIR Process is a timebound process and the IRP had admitted the claim of the Applicant to the tune of ₹ 47,78,461/- which was reduced after the receipt of the CRM data and tally data of the CD, wherein it was discovered that the alleged cash payment claimed to have been made by the Applicants could not be verified from the books of account of the CD. iii. It is submitted that the Answering Respondent at no. 1 of its list of financial creditors annexed at page 78 of the Application has duly mentioned that the amount of claim admitted may undergo a revision in case any additional information/documents come to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ution Professional has rightly revised the claim of the Applicant to the tune of ₹ 15,75,279/-? 6. We have heard the counsel for petitioners as well as for the Respondent i.e., Resolution Professional, perused the petition and other material on placed on record. In this connection in order to decide the issue framed at para 5 above, it is considered appropriate to look to the duties of IRP/RP in relation to claims as mentioned under sections 18 and 25 of the Code and the IBBI Regulations. Section 18 of the Code states as under: - 18. Duties of interim resolution professional. - (1) the interim resolution professional shall perform the following duties, namely:- (a) ************* (b) receive and collate all the claims s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by them, the amount of their claim admitted and the security interest, if any, in respect of such claims, and update it. 7. The above provisions of the Code along with IBBI regulations, make it obligatory on part of IRP/RP to collate, verify and admit such claims of the creditors as are duly supported by appropriate evidence along with proper record in books of account of a corporate debtor. Therefore, the IRP/RP can always ask for such information/documents/evidence from creditors as is considered necessary for the purpose of verification/substantiation of the claims. 8. In the instant case, the petitioner has admittedly paid only an amount of ₹ 15,29,057/- to the Corporate Debtor, as is evident from books of account of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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