In the matter of Jhabua Power Limited I.A (I.B.C)-139(KB) 2021 in C.P. ((Ib) 634-KB-2017
Case brief
What is this about?
The NCLT Kolkata Bench rejected an application by an Operational Creditor seeking admission of claims for service tax reimbursement and balance payment. The court held that without the required supporting documents requested by the Resolution Professional, the claim could not be adjudicated or granted in summary jurisdiction.
What did the court decide?
The application for admission of claims for service tax and balance payment was rejected.
IN THE NATIONAL COMPANY LAW TRIBUNAL
KOLKATA BENCH
KOLKATA
I.A (I.B.C)/139(KB) 2021 in C.P. (IB) 634/KB/2017
In the matter of
Shri Ram Moorti Mishra
…Applicant/Operational Creditor
-Versus-
Shri Abhilash Lal (Resolution Professional)
….Respondent/Resolution Professional
Date of Hearing: 08/06/2022 Date of pronouncement : 06/07/2022
Coram:
Shri Rohit Kapoor, Member (Judicial) Shri Harish Chander Suri, Member (Technical)
Issues for consideration
3 issues framed by the court
Whether the applicant's claim for service tax reimbursement and balance work payment can be admitted without supporting documents.
Whether the Tribunal can adjudicate upon the question of loss or profit interest in summary jurisdiction.
Whether Resolution Professional was justified in rejecting the claim due to lack of documentary evidence.
Parties & counsel
- applicant
Shri Ram Moorti Mishra
- respondent
Shri Abhilash Lal
Coram
Rohit Kapoor
Case details
As recorded by the court registry
- Court
- NCLT
- Decided on
- · July
- CNR
- nclt-6fdc6d30e3805681a7a5fd79281d4224
- Topic
- Property and Title
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