9911796707
TMI Blog2023 (11) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... lution plan of the Corporate Debtor has been approved on 09.08.2021 by CoC and 14.03.2022 by the NCLT. The appellant could filed its claim after the approval of plan with the Committee of Creditors, hence, the same has not been considered. The present appeal is concerned with the two directions issued in paragraph (v) as quoted above. In so far as the first direction the machine has already been handed over to the Corporate Debtor, hence, that order has been complied with - In so far as the direction to pay usage charges it is clear that there has been no rental agreement between the parties for any usage charges and machine was given to the operational creditor by the director of the Corporate Debtor in lieu of the certain dues which Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 lakhs in the account of Corporate Debtor; (d) Pass such other order(s) and/or direction(s) in the interest of justice which this Hon ble Tribunal deems fit. 3. In this appeal when the appeal was heard this Tribunal passed an order on 19.10.2022 directing the appellant to hand over the machine within 15 days. In pursuance of our order, it is submitted on behalf of the appellant that machine has already been handed over to the Corporate Debtor. 4. The order impugned was passed in I.A. 515/2022 filed by the Resolution Professional where prayers were made with regard to handing over the machine and direction for usage charges. 5. It appears that Resolution Professional has issued a letter dated 03.06.2021 asking the appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has already been handed over to the Corporate Debtor, hence, that order has been complied with. 9. In so far as the direction to pay usage charges it is clear that there has been no rental agreement between the parties for any usage charges and machine was given to the operational creditor by the director of the Corporate Debtor in lieu of the certain dues which Corporate Debtor owe to the appellant which is reflected in letter dated 08.06.2021. 10. As noted above, the appellant could not filed its claim in the corporate insolvency resolution process of the Corporate Debtor, hence, his dues do not find any reflection. 11. In the application which was filed by the Resolution Professional there was no basis for claiming Rs. 2 lakhs p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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