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TMI Blog2020 (11) TMI 1062X X X X Extracts X X X X X X X X Extracts X X X X ..... icant could not know about admission of the petition/CIRP/Approval of Resolution Plan because the R.P. had published notice inviting the claim at Registered and Corporate Office Areas only i.e. Guwahati and Kolkata. Resolution Professional should have also published the notice in the Newspapers in the city of Mumbai and Nasik as in these places the CD used to conduct business and also the Registered office of the OC (Mumbai) - this Applicant/OC had supplied materials during the period from 03.02.2010 till 28.08.2010 and the last payment was received by the Applicant on 11.12.2010. Hon ble Supreme Court in the matter of COMMITTEE OF CREDITORS OF ESSAR STEEL INDIA LIMITED THROUGH AUTHORISED SIGNATORY VERSUS SATISH KUMAR GUPTA OTHERS [ 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gs to state that the applicant company is engaged in the business of importers and dealers in solvents, dyes and chemicals for paints, plastic, resins, and such other allied items. In the ordinary course of business, the CD, M/s Kitply Industries Ltd. placed orders of Phenol, Melamine (imported) from time to time with the applicant by its various Purchase Orders and the same were complied with by the applicant, inter alia, by supplying the materials as specified in the said Purchase Orders. The applicant issued various Invoices/Delivery challans against the supplying of the materials as per the Purchase Orders. The applicant submits that during the period from 03.02.2010 till 28.08.2010, the applicant company supplied goods worth Rs.1,41,85 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Hon ble Gauhati High Court on 07.01.2020 whereby the Hon ble High Court vide two separate orders dated 07.01.2020 disposed of both the Interlocutory applicants as well as the company petition as withdrawn with liberty to the applicant to file the appropriate application before this Hon ble Tribunal. Accordingly, the instant application has been filed in view of the liberty granted by the Hon ble High Court. 6. It is stated by the Applicant that upon perusal of the said report/letter, it reveals that the R.P.(respondent No.1) made the public announcement regarding initiation of CIRP against the CD and calling the Creditors to submit the proof of claims by way of Public Notice dated 4.5.2018 published in the Newspaper viz. (1) F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the alternative of prayer clause (a) hereinabove, this Hon ble Tribunal may be pleased to direct the Respondent No.2 to pay the legitimate claims/dues of the applicant to the tune of Rs.1,21,86,626/- (One crore twenty-one lakhs eighty-six thousand six hundred and twenty-six rupees only) along with 18% interest as claimed by the applicant vide the statutory notices dated 7.4.2011 and 18.4.2011. It is observed that: 9. The application under Section 7 was filed by the FC on 10.01.2018; 9.1 Application was admitted on 01.05.2018. CIRP started. The RP issued public notice at Dibrugarh and Kolkata being the Registered and Corporate office of the CD respectively inviting the Creditors to submit their claim by 18.05.2018; 9.2 The Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt has paid 0.63% of the total operational Creditors claim of Rs.725.17 lakhs. Had this applicant/OC filed its claim in time and claim admitted, the OC would have got Rs.76,775/- i.e. 0.63% of its claim amount of Rs.1,21,86,626.00 10. Hon ble Supreme Court in the matter of Committee of Creditors of Essar Steel India Ltd. Vs. Satish Kumar Gupta Others (Civil Appeal No.8766-67/2019 has held that a Successful Resolution Applicant cannot suddenly be faced with undecided claims after the resolution plan submitted by the Resolution Applicant has been accepted as this would amount to a hydra head popping up which would throw into uncertainty amounts payable by the successful resolution applicant. All claims must be submitted to and decided ..... X X X X Extracts X X X X X X X X Extracts X X X X
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