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TMI Blog2022 (6) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... mber (J) And L. N. Gupta, Member (T) For the Appellant : Party-in-Person ORDER L. N. Gupta , Member ( T ) 1. The present IA No. 10 of 2022 is filed by Mr. Kamal Aggarwal, (hereinafter referred as Applicant/Liquidator) under Rule 60(5) of the NCLT Rules, 2016 read with Section 36(53) read with Rule 11 of the NCLT Rules, 2016. 2. That the Applicant/Liquidator has made the following main prayers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n order directing respondent No. 4 (Silver Arrow Automobiles Private Limited) to refund Rs. 99,998/- (Rs. Ninety-Eight Thousand Nine Hundred and Ninety-Eight) in the liquidation account of the corporate debtor along with interest @ 12% per annum for the delay in repayment; e) Pass an order directing respondent No. 5 (Auto Kashyap India Private Limited) to refund Rs. 1,00,000/- (Rs. One Lakh) in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g No. IB-332(ND)/2019 under Section 7 of IBC 2016 for initiation of CIR Process against the Corporate Debtor M/s. Khullar Hospitality Private Limited. That vide order dated 08.05.2019, this Adjudicating Authority had initiated the CIR Process against the Corporate Debtor. That further, the liquidation proceedings were initiated vide order dated 18.11.2019. 4. Through the present application, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idator is eligible to file Civil Suit by taking due permission of this Adjudicating Authority in terms of Section 33(5) of IBC, 2016. 8. That the Liquidator has filed its written submission and has stated that Section 63 of IBC bars Jurisdiction of Civil Court. 9. At this juncture, we refer to Section 63 of IBC, 2016. The same is reproduced overleaf: 63. Civil court not to have Jurisdiction.- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 33(5) of IBC, 2016, it can be inferred that if a Liquidator is eligible or required to institute a suit or other legal proceeding on behalf of the corporate debtor, it can do so with prior approval of this Adjudicating Authority. 12. Further, the Adjudicating Authority is not a substitute to a Court of recovery therefore, we are of the view that this is not the appropriate forum to adjud ..... X X X X Extracts X X X X X X X X Extracts X X X X
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