2022 (7) TMI 576

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... of Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as the Code) read with Rule 11 of NCLT Rules, 2017 seeking for the following reliefs;- i. The Hon'ble Tribunal may direct Resolution Professional to accept the claim of reimburse of service tax amount along with 15% interest up to 18/01/2022 to Rs. 36,84,224.69/- (Rupees Thirty Six Lakh Eighty Four Thousand two Hundred Twenty Four Rupees and Sixty Nine Paisa) along with interest @ 15% up to the date of actual realization. ii. The Hon'ble Tribunal may direct Resolution Professional to accept the claim of balance payment of the executed work along with interest Rs. 5,47,94,186.77/- (Five Crore Forty-Seven Lakhs Ninety-Four Thousand and One Hundred Eigh....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mbursed its dues. 5. The instant application has been filed by one Sri Ram Moorti Mishra who is the husband of Kanta Mishra. In IA (I.B.C.)/126(KB)2021 the Resolution Professional has filed single reply affidavit to both this IA. 6. To the contentions raised by the applicant the Resolution Professional has filed his reply affidavit. The reply of the Resolution Professional is summarized as under;- i. Resolution Professional vide email dated 6th of March, 2020 requested the applicant herein to provide additional information to review his claims. The Resolution Professional sought the following details a. Tower wise agreement with villagers/farmers or ROW works for all towers. b. Copy of villager payment recei....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en annexed by the applicant. 9. In spite of multiple requests providing supporting documents, applicant did not furnish any document and merely stating the value of claims was not sufficient to grant any claim. 10. The Resolution Professional has gone strictly by the documents and record filed by the applicant and available with the Corporate Debtor. After considering the contentions of the applicant and the Resolution Professional, record annexed with the pleadings before us and the record before us, it is admitted position the alleged claims arise out of a work executed somewhere in 2014. From the above contentions and record before us we are of the view; i. The Resolution Professional could not have granted anything mer....