9911796707
TMI Blog2020 (6) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... enge being signed by the two directors of the CD, that it contains seal of the CD, the production of the same along with Form C by the FC cannot be doubted unless substantive proof is produced on the side of the applicant. In the absences o such material to doubt the genuineness of the above said disputed documents, there are no merit in the submission on the side of the applicant in this regard. Admission of Audited Balance Sheet upto the financial year ending 31/03/2019 - HELD THAT:- Admittedly the CD was not in operation, and its name was struck off from the register of Companies, W.B. The audited balance statement, till the financial year ending 31.3.2016 alone was available with the CD when the RP took over the assets of the CD. The company's name was then restored and the RP appointed the auditor for preparation of balance sheet for the leftover periods and made it up to date in compliance with the provisions of the Companies Act. It is an act empowered to do by the RP as an administrator of the CD undergoing resolution. An auditor is statutorily liable for any fraud played for the fabrication of a balance sheet - It is an admitted fact that the loan availed by the C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the RP. 4. The Ld.Counsel Ms. Manju Bhuteria, for the applicant submits that the inclusion of New Hind Silk House P. Ltd as the financial creditor of CD is not legal and proper and prays for rejecting the claim of the purported financial creditor for the reason that claim of New Hind Silk House P. Ltd admitted by the RP is barred by limitation. Despite objecting the admission of the claim the RP has not revised the constitution of the CoC excluding the New Hind Silk House P. Ltd hence she filed this application challenging the admission of the claim by the RP. According to her the RP has informed the applicant that the claim of New Hind Silk House P. Ltd., was admitted on the basis of the same set of documents as was submitted by the applicant in lodging their claim. She would reiterate that the claim of New Hind Silk House P. Ltd, is barred by limitation before the date of admission of the CD in CIRP. According to her as per the Ledger extract the purported Loan was given to the CD during the month of January 2016 to February 2016 and the last payment of interest on such loan was received from the CD on 05/08/2016. Thereafter, there was no payment received by New Hind Silk H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons of the l B,Code and Regulations and provisions of the law for the time being in force?. 8. This is a unique application filed by a financial creditor who moved the CP(IB) No. 1582/KB/2019 for initiating CIRP as against the CD / Goouksheer Farm Fresh Pvt. Ltd, by proposing the name of the RP who is the respondent in this IA. However, immediately after the CIRP begins, the applicant lost confidence in the RP and moved an application IA(IB) No. 392/KB/2020, praying for the removal of the RP on the allegation that under tremendous financial crisis and its request to reduce the expenses including expenses for appoint of Transaction Auditor, has not been taken care by the RP and he failed and/or neglected to consider the said request and the applicant also doubts the integrity of the RP, and alleged user of fabricated audit report for adding the new financial creditor in the CoC. Being failed to move a resolution as mandated under the provisions of the Code, the applicant was unsuccessful in getting a favourable order in the said application. However, while dismissing the said application, the AA made an observation that the applicant can move appropriate application if it wishes ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Goouksheer Farm Fresh Pvt. Ltd., Corporate Debtor (CD) held on Wednesday, the 03rd day of June,2020 through video Conferencing in Zoom Meeting Platform at 4 pm] Goouksheeer Farm Fresh Pvt. Ltd. 63/3B, Sarat Bose Road Kolkata 700025 Unsecured Loan Group Summary 1-Apr-2016 to 31-Mar-2017 Page 1 Closing Balance Debit Credit Everlight Vincom Private Limited 90,80,334.00 Konark Towers Private Limited 1,20,98,530.00 New Hind Silk House Pvt. Ltd. 1,62,15,000.00 P M Cold Storage Pvt. Ltd. 50,88,767.00 Vinayak Pratisthan Pvt. Ltd. 3,26,219.00 Grand Total 4,28,08,850.00 For Goouksheer Farm Fresh Pvt. Ltd. For Goouksheer Farm Fresh Pvt. Ltd. Sd/- Sd/- Director Director. Seal of P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and admitted the claim by fabricating the letter of acknowledgement. However in this case, the document under challenge being signed by the two directors of the CD, that it contains seal of the CD, the production of the same along with Form C by the FC cannot be doubted unless substantive proof is produced on the side of the applicant. In the absences o such material to doubt the genuineness of the above said disputed documents I am unable to find any merit in the submission on the side of the applicant in this regard. 11. The next challenge is regarding the admission of Audited Balance Sheet upto the financial year ending 31/03/2019. According to her the Balance Sheet for the year 2016-17 and 2017-18 was prepared after the RP appointed auditor for auditing accounts of the CD till the financial year 2018-19 and therefore, it cannot be relied upon. Admittedly the CD was not in operation, and its name was struck off from the register of Companies, W.B. The audited balance statement, till the financial year ending 31.3.2016 alone was available with the CD when the RP took over the assets of the CD. The company's name was then restored and the RP appointed the auditor for prepa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
