2019 (9) TMI 225

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....eema, Member (Judicial) For The Appellant : Mr. Jasdeep Singh Dhillon, Advocate For The Respondent : Mr. Davesh Bhatia, Advocate ORDER The Appellant who claimed to be a 'Financial Creditor' submits that the cranes have been hypothecated in its name. The grievance of the Appellant is that the 'Resolution Professional' wanted to take over the hypothecated goods i.e. the four cranes, against whi....

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.... appellant, who claims to be 'Operational Creditor', has challenged the order dated 2nd April, 2018 passed by the Adjudicating Authority (National Company law Tribunal), Mumbai Bench, Mumbai whereby and whereunder the application filed by the appellant against the decision of the 'Resolution Professional' rejecting the claim of appellant with the observation to place the matter before the 'Committ....

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....s hypothecated, such as four cranes, belongs to the 'Corporate Debtor' or not. It was held that no such claim can be decided by the 'Resolution Professional'. 4. Today, the case was placed for hearing. Nobody appeared on behalf of the appellant in spite of repeated calls. From the record we find that there is a disputed question of fact which cannot be decided by the 'Resolution Professional' o....