2022 (7) TMI 1189

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....fter referred to as the Code) read with Rule 11 of NCLT Rules, 2016 seeking for the following reliefs;- i. The Hon'ble Court may direct Resolution Professional to accept the remaining claim of 67,79,661/- (Rupees Sixty Seven Lakh Seventy Nine Thousand Six Hundred and Sixty) along with interest in terms of Section 16 of M.S.M.E. Act, 2006 up to the date of actual realization. 2. The contentions of applicant in the application are summarized hereinafter;- i. The Corporate Debtor M/s. Jhabua Power Limited issued purchase order to the applicant of items/services for sum or Rs. 47,16,354 and Rs. 95,11,857. The said items were supplied by the applicant in August, 2015. Copies of the work orders have been annexed as Annexure-A3 and A4 wit....

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....pted by the Resolution Professional. The balance amount of Rs. 64,01,661 was claimed by applicant towards loss of interest and profit legal fee and other expenses and the same was not admitted by the Resolution Professional as the same was not substantiated by any proof. Therefore, the said claim could not be verified. ii. Further the claim of loss or profit interest and expenses etc. will be construed as remote damages and the same are not crystallized and it is the subject matter of adjudication. iii. Applicant never disclosed in claim documents to the answering respondent that he is claiming an amount of Rs. 679,661 being a Micro Small and Medium Enterprises (MSME). This was never disclosed in any claim documents submitted to the ans....