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S.J.MUKHOPADHAYA, BANSI LAL BHAT
Prasad Gempex – Appellant
Versus
Star Agro Marine Exports Pvt. Ltd. – Respondent
ORDER :
In both the appeals as common question of law is involved, they are disposed of by this common order.
2. The appellant ‘M/s. Prasad Gempex’ filed a claim as ‘Financial Creditor’. The ‘Resolution Professional’ rejected the claim. ‘M/s. Prasad Gempex’ thereafter claimed to be an ‘Operational Creditor’ on suggestion of the ‘Resolution Professional’ but the same has also been rejected.
3. According to the appellant ‘M/s. Prasad Gempex’ had filed ‘Expression of Interest’ before the ‘Resolution Professional’ but it was not taken care by the ‘Committee of Creditors’. In this background, the appellant filed an application before the Adjudicating Authority (National Company Law Tribunal), Single Bench, Chennai and by impugned order dated 22nd May, 2018, the Adjudicating Authority rejected the application.
4. According to the respondents the ‘Resolution Professional’ had rejected ‘Expression of Interest’ and it was not placed before the ‘Committee of Creditors’. It is not in dispute that the so called ‘resolution plan’ met the criteria.
5. In this appeal the appellant has assailed all the rejection of its claim as ‘financial creditor’, rejection of its claim as ‘operational creditors’ and
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