ORDER

[PER: Coram]

1. BACKGROUND

1.1 This Application bearing I.A. No. 1491/2024 has been filed on 28.02.2024 under Section 60 (5) of the Insolvency and Bankruptcy Code 2016 (“Code”) read with Rule 11 of NCLT Rules, 2016 by Applicant, Mr. Pranav Damania, Resolution Professional (RP) of Rubique Technologies Private Limited seeking refund of an amount of Rs.83,89,000/-from the Respondent No.1 which was remitted by the Respondent No.2 without any authorization and particularly when the Corporate Debtor was undergoing CIRP. Following reliefs have been sought in the I.A.:-

a) “That this Hon'ble Adjudicating Authority may be pleased to pass an order directing the Respondent No. 1 to refund the amount of Rs. 83,89,000/- (Rupees Eighty-Three Lakhs Eighty-Nine Thousand Only) appropriated by the Respondent No. 1 during moratorium along with interest at the rate of 12% per annum from the date of remittance, i.e., 12 July, 2022 till payment and / or realization to the account of the Corporate Debtor.

b) That this Hon'ble Adjudicating Authority may be pleased to pass an order directing Respondents to de-freeze the accounts of the Corporate Debtor maintained with Respondent No. 2,3 and 4 respective