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TMI Blog2022 (7) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... (J) And Harish Chander Suri, Member (T) For Appearing Parties : Ratnanko Banerji, Sr. Adv., Rohit Sharma, PCS, Mamta Binani, Anindita Roy Chowdhury, Raghav Chadha, Kanishk Kejriwal, Vaijayant Paliwal, Nikhil Mathur, Prabh Simran Kaur, Shekhar Sharma, Advs. and Party-in-Person ORDER Rohit Kapoor, Member (J) 1. The instant application has been filed by applicant under Section 60(5) of Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code) read with Rule 11 of NCLT Rules, 2017 seeking for the following reliefs;- i. The Hon'ble Tribunal may direct Resolution Professional to accept the claim of reimburse of service tax amount along with 15% interest up to 18/01/2022 to Rs. 36,84,224.69/- (Rupees Thir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orate Debtor. 3. The Resolution Professional without any justification has alleged the claim of reimbursement of service tax paid by the applicant on the false pretext through its communication dated 3rd of September, 2020. The applicant submitted its revised claims for executed work in Form B. 4. Suffice it to say that the applicant has not been paid/reimbursed its dues. 5. The instant application has been filed by one Sri Ram Moorti Mishra who is the husband of Kanta Mishra. In IA (I.B.C.)/126(KB)2021 the Resolution Professional has filed single reply affidavit to both this IA. 6. To the contentions raised by the applicant the Resolution Professional has filed his reply affidavit. The reply of the Resolution Professional is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This e-mail dated 1st of September, 2020 is annexed with IA 126/KB/2021 at page 56. 8. The answering respondent also provided its working/calculations on the basis of which the claims filed by the applicant were partially admitted or not admitted. A copy of working sheet for the claims filed on behalf of PCC Construction Company has not been annexed by the applicant. 9. In spite of multiple requests providing supporting documents, applicant did not furnish any document and merely stating the value of claims was not sufficient to grant any claim. 10. The Resolution Professional has gone strictly by the documents and record filed by the applicant and available with the Corporate Debtor. After considering the contentions of the app ..... X X X X Extracts X X X X X X X X Extracts X X X X
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