2019 (9) TMI 1026

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..... Cheema, Cheema], Member (Judicial) And Kanthi Narahari, Member (Technical) For The Appellant : Shri Subas Chandra Das, Sr. Advocate with B. Dhanaraj, Shri S. Santanam Swaminadhan and Shri Kartik Malhotra, Advocates For The Respondent : Shri M.A. Venkata Subramanian and K. Moorthy for RP ORDER Operational Creditor, who may not be able to trigger CIRP process under Section 9 of Insolve....

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....im of the Appellant as not being supported by documents. The Appellant took up the matter with the Adjudicating Authority (National Company Law Tribunal, Chennai) asking to admit its claim of Rs. 17,07,99,270/-; forensic audit and injunct CIRP in the meanwhile. The Adjudicating Authority has after hearing the Appellant and going through the record placed by the Appellant, noticed that the Appellan....

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.... there was sufficient reason for the High Court to reject the Petition which was filed by the Appellant. Thus, the High Court had relegated the Appellant to Civil Court and it appears that the Appellant moved Civil Court by filing Suit with Additional Senior Civil Judge and CJM at Ballari in 2014 which is still pending. The learned Counsel for the Appellant submits that in the Suit, there was also....

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....itors. This is not a process of sitting and deciding disputed claims. For collating, the IRP has to receive the claim and examine the same. While examining, the IRP did not find that the claim was made out with support of appropriate documents. As such, the IRP may not have considered the claim and the Adjudicating Authority has looked into it and did not find anything wrong with the act of collat....