9911796707
TMI Blog2019 (8) TMI 1807X X X X Extracts X X X X X X X X Extracts X X X X ..... iquidator has admitted. As to investment made in storage facility for 2.35 Crores and 2.90 Crores towards interest vide an email dated 23.04.2019 claimed by this Applicant, the Liquidator rejected these components on the ground that there is no agreement entered into between the parties in respect to these components. Whether this Applicant is entitled to claim which is claimed as damages and compensation for 2.35 Crores and interest portion for 2.90 Crores? - HELD THAT:- The Applicant is not entitled to claim anything that has not been crystallized in the agreement and that has not been agreed between the parties, therefore, this Liquidator has rightly rejected those two claims - When claim itself not claimable, for the sake of giving ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies and 7,000 towards rent on fuel and an additional claim of 2.90 Crores towards interest is included in the claim. 3. When this Bench has put it to the Applicant as to how this Applicant is entitled to seek damages and compensation under the caption of Operational Debt and as to how the Applicant is entitled for interest component when no such component was incorporated in the Agreement entered into between the parties, with regard to first point, the Applicant has not given any answer, as to the interest component, he has stated that there is no necessity for a specific clause in the agreement for claiming interest. 4. As against the claims and submissions of the Applicant, the Liquidator counsel submitted that by seeing the docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ace oil as per the quantity mentioned in Clause 8, therefore the Liquidator admitted the claim of 9,87,93,000 for non-upliftment of furnace oil. As to rent on fuel handling capacity, since the Applicant has charged it as 7,O00, the Liquidator has admitted. As to investment made in storage facility for 2.35 Crores and 2.90 Crores towards interest vide an email dated 23.04.2019 claimed by this Applicant, the Liquidator rejected these components on the ground that there is no agreement entered into between the parties in respect to these components. 8. Now the point for determination is as to whether this Applicant is entitled to claim which is claimed as damages and compensation for 2.35 Crores and interest portion for 2.90 Crores. 9. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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