Gir Logistics Pvt Ltd vs C.A Kannan Tiruvengadam

Gir Logistics Pvt. Ltd. ...Appellant

Vs

C. A. Kannan Tiruvengadam & Anr. ....Respondents

Present: For Appellant: Mr. Ashish Rana and Mr. Surekh K. Baxy, Advocates. For Respondents: Mr. Robin Singh Sirohi and Ms. Vineeta Rathore, Advocates.

ORDER

18.03.2019: In the case of 'M/s Prasad Gempex Vs. Star Agro Marine

Exports Pvt. Ltd. & Ors., Company Appeal (AT) (Insolvency) No. 291 of 2018, etc.'

by our decision dated 1st February, 2019, this Appellate Tribunal held that the

Resolution Professional has no jurisdiction to decide the claim of one or other

creditor, including 'Financial Creditor', 'Operational Creditor', Secured Creditor'

or 'Unsecured Creditor'. Resolution Professional only collates the claims and

accept them to the extent verification made from the record. This Appellate

Tribunal further held that notwithstanding the order passed under Section 31 of

the I&B Code, it is open to a person to file a suit or an application against the

'corporate debtor' after completion of the period of moratorium, with regard to

the disputed amount.

In view of the aforesaid decision, learned counsel appearing on behalf of

the Appellant prays for withdrawal of the appeal with liberty to Appellant to take -2-

recourse of filing appropriate suit/application in terms of Sub-section (6) of

Section 60 of the I&B Code. Learned counsel for the Successful Resolution

Applicant has no objection to the same. The prayer for withdrawal of appeal is

allowed with liberty aforesaid.

[Justice S. J. Mukhopadhaya] Chairperson

[Justice A. I. S. Cheema] Member (Judicial) am/gc

Company Appeal (AT) (Insolvency) No. 688 of 2018