9911796707
TMI Blog2022 (7) TMI 576X X X X Extracts X X X X X X X X Extracts X X X X ..... (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 Thirty Six Lakh Eighty Four Thousand two Hundred Twenty Four Rupees and Sixty Nine Paisa) along with interest @ 15% up to the date of actual realization. ii. The Hon'ble Tribunal may direct Resolution Professional to accept the claim of balance payment of the executed work along with interest Rs. 5,47,94,186.77/- (Five Crore Forty-Seven Lakhs Ninety-Four Thousand and One Hundred Eighty Six Rupees and Seventy-Seven Paisa) along with inte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 summarized as under;- i. Resolution Professional vide email dated 6th of March, 2020 requested the applicant herein to provide additional information to review his claims. The Resolution Professional sought the following details a. Tower wise agreement with villagers/farmers or ROW works for all towers. b. Copy of villager payment receipts. c. Copies of invoices raised by applicant on the Corporate Debtor as per the terms of contract. d. Any other supporting docum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 applicant and the Resolution Professional, record annexed with the pleadings before us and the record before us, it is admitted position the alleged claims arise out of a work executed somewhere in 2014. From the above contentions and record before us we are of the view; i. The Resolution Professional could not have granted anything merely based on the assertion on a particular amount against a particular head and without any supporting documents thereto. ii. The applicant has also submitted writ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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