9911796707
TMI Blog2022 (4) TMI 941X X X X Extracts X X X X X X X X Extracts X X X X ..... ccount is bereft of sufficient documentary evidence to show that the funds were diverted to the books of the Corporate Debtor. The contention of the Applicant that the books of the corporate debtor shows that it had received 181.42 crores from M/s. Nathella Sampathu Chetty Co. referring to the FIR registered is for the financial year 2012-2013, while the payment TMT Receipt annexed reflects the date of payment as 28.04.2014. Therefore, it is evident that the amount paid by the Applicant on the gold scheme was not collected by the corporate debtor and that no sufficient evidence as to show the diversion of funds into the Corporate Debtor have been carried out. Under the said circumstances this Adjudicating Authority finds it deems fit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m to be delivered to the Applicant on 29.04.2019. 3. The Learned Counsel for the Applicant has submitted that the said Scheme was due for settlement to the Applicant on 29.04.2019 by M/s. Nathella Sampathu Chetty Co. It was further submitted that an order for initiation of corporate insolvency resolution process against M/s. Nathella Sampath Jewellery Private Limited was passed on 23.04.2018, which was then followed by an order for liquidation vide dated 03.01.2020. 4. The Learned Counsel for the Applicant has submitted that the in response to the public announcement in relation to IBC Proceedings the applicant had filed her claim to the tune of ₹ 4,04,525.16/- before the Respondent within the time prescribed in the public ann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim on the mere ground that Nathella Sampathu Chetty Co is separate entity. Thus the applicant has preferred the present application seeking to set aside the order passed by the Liquidator and to direct the Respondent to consider the claim submitted by the Applicant on 03.02.2020. 8. The Learned Counsel for the Respondent by way of a Counter has submitted that the application is not maintainable in law nor in facts whereas the applicant claim is pertaining to the other group concern of the Corporate Debtor i.e. Nathella Sampathu Chetty Co., a Partnership Firm but whereas the applicant has approached this Adjudicating Authority to take undue advantage of the liquidation process that the application is liable to be dismissed in lim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was deposited into the partnership bank account maintained with the Indian Bank with credit dated 03.05.2014. Further, as per the information received by the respondent Liquidator and also based on the documentary proof submitted by the Partners of the firm, it is confirmed that M/s. Nathella Sampathu Chetty Co is not at all amalgamated with the CD at any instance and the firm still exists. In this event, the respondent prays that the instant application is liable to be dismissed. 12. Heard the submissions and perused the documents on record including the written submissions filed. In view of the facts as discussed above it is apparent that the Respondent/Liquidator had rejected the claim of the Applicant on the ground that (1) the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
