9911796707
TMI Blog2024 (4) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... Professional being record of the Corporate Debtor, therefore, the claim has to be reflected by the Resolution Professional in the Information Memorandum. In view of the judgment of this Tribunal in MR. ANIL MATTA VERSUS GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY AND ATUL MITTAL (RESOLUTION PROFESSIONAL OF ZEAL DEVELOPERS PVT. LTD.) VERSUS NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY [ 2024 (4) TMI 439 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI] as well as judgment of Hon ble Supreme Court in GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY VERSUS PRABHJIT SINGH SONI ANR. [ 2024 (2) TMI 681 - SUPREME COURT] , the Appellant is clearly a Secured Operational Creditor - the order of the Adjudicating Authority reject ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which judgment, Greater NOIDA has been declared as Secured Creditor and hence the impugned order deserves to be set aside. 2. Learned Counsel for the Respondent submits that there is a difference between the facts with regard to case relied by the Appellant and the present case. He seeks time to file Reply. 3. Let Reply-Affidavits be filed within two weeks. Rejoinder may be filed within two weeks, thereafter. List this Appeal on 27th March, 2024. In the meantime, Impugned Order shall remain stayed. 3. Learned counsel for the Appellant submits that Reply Affidavit has been filed by the Respondent No.1. Learned counsel for the Appellant submits that a recent judgment of this Tribunal delivered in Company Appeal (AT) (Ins.) No. 1147 of 202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ider the claim of the Appellant in accordance with law. Even if, no claim is filed by the Appellant, Resolution Professional is duty bound to consider the debt as reflected in the records of the Corporate Debtor. 7. Learned counsel for the Resolution Professional sought to contend that the claim was not reflected in the Information Memorandum. Learned counsel for the Resolution Professional, however, submits that the NOIDA Authority was treated as an Operational Creditor and an amount of Rs.10 Crore was earmarked in the plan. 8. NOIDA Authority was the lease holder and the records of lease were already with the Resolution Professional being record of the Corporate Debtor, therefore, the claim has to be reflected by the Resolution Profession ..... X X X X Extracts X X X X X X X X Extracts X X X X
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