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NATIONAL COMPANY LAW TRIBUNAL
DAHIBEN GULAB SHAH – Appellant
Versus
Mr. Anuj Bajpai – Respondent
ORDER
1. Mr. Shikhar Khandelwal a/w Mr. Punit Jain i/b Nipeksh Jain, Ld. Counsel for the Appellant present. Mr. Aman Jhawar i/b Gravitas Legal, Ld. Counsel for the Liquidator present.
2. APPEAL-28(MB)/2023: This Company Appeal is filed by Dahiben Gulab Shah under Section 42 of the IBC r/w Rule 11 of the NCLT Rules, 2016 for seeking appropriate directions against the Liquidator to accept the claim of the Applicant against the Corporate Debtor as also to condone the delay in filing the claim before the Liquidator.
2.1 The Appellant states that the directors of the Corporate Debtor had approached the Appellant through brokers for hand loan for construction of the building saying that commencement certificate of building was obtained and if loan was granted then the same would be paid within six months with interest @33% p.a. Hence, the Appellant granted loan of ₹25,00,000/-, which was secured by (i) Promissory Note, (ii) MoU dated 22.02.2013, (iii) Allotment Letter, (iv) Agreement for sale, (v) Possession letter, (vi) Power of Attorney dated 22.02.
The liquidator's partial acceptance of a claim due to lack of supporting documents is valid, affirming the need for proper evidence in disputed insolvency claims.
Liquidator must comply with Tribunal's directives; failure to do so constitutes misconduct.
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