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2024 Supreme(Online)(NCLT) 898

NATIONAL COMPANY LAW TRIBUNAL
SMT. BIDISHA BANERJEE, SHRI BALRAJ JOSHI, JJ
South Assam Roadways Limited – Appellant
Versus
Ram Ratan Modi – Respondent


Advocates:
For the Petitioner:ashis kumar mukherjee
For the Respondent:M.V.Kini, Law Firm

ORDER

Per: Bidisha Banerjee, Member (Judicial)

1. The Court is congregated through a blended mode.

2. The Learned Sr. Counsels/Counsels were heard at length.

3. This application has been preferred by South Assam Roadways Limited to seek the following reliefs, inter alia: -

    a. An Order be passed setting aside the email dated 16th March 2021 issued by the respondent, i.e., the Page 4 of 8 resolution professional rejecting the claim of the applicant;
    b. An Order be passed directing the respondent i.e., the resolution professional to admit the claim of the applicant as made in the proof of claim and take necessary steps in accordance with law;
    c. Such further and/or other Orders, as this Learned Tribunal deems fit and proper.

4. In the rejection letter dated 16th March, 2021 assailed herein the RP has categorically stated the claim for a sum of Rs. 29,78,815/- was verified from the books of accounts of the Corporate Debtor and Rs. 2,59,020/- reflecting in the books has been admitted by the RP and there is no provision in the Code to provide interest to the Operational Creditor, if the interest component is absent from the agreement.

5. The relevant extract is as under: -

    In this matter, when you

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