2021 (3) TMI 296

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....hat the appellant has to recover dues from the corporate debtor-Jai Hind Projects Ltd. Learned counsel referred to page 271 of the appeal stating that e-mail dated April 18, 2020 was sent on behalf of the appellant to the interim resolution professional (IRP)-Mr. Premnarayan. This was the first mail written. Counsel submits that IRP was informed that CIRP has been initiated and L&T Finance Ltd., is one of the financial creditors. It was informed that L&T Finance Ltd., has assigned the loan pertaining to the corporate debtor-Jai Hind Projects Ltd., in favour of the appellant. The IRP was asked to confirm details of claim, if any, filed by L&T Finance against Jai Hind Project Ltd. 2. In response, it is stated that the IRP informed by e-mail ....

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....ders are awaited. It is stated that the record, however, shows that resolution plan was already approved on March 19, 2020 which is clear from document at page 111 (annexure A4, order in I. A. No. 593 of 2019 in C. P. (IB) No. 172 of 2018). Counsel states that this shows the conduct of the resolution professional. Counsel further submits that the hon'ble High Court of Judicature at Bombay had passed orders on June 4, 2018 in Chamber Summons No. 827 of 2017 in Execution Application No. 52 of 2018 "L & T Finance v. Jaihind Projects" against the corporate debtor that they will not further alienate, part with possession or create third party rights on their properties. Counsel states that this order was suppressed by resolution professional fro....