Smt. Sabita A. Biswas vs Shri Vinodkumar Pukhraj Amnavat Rp R.K ...

Smt. Sabita A. Biswas ...Appellant

Versus

Shri Vinodkumar Pukhraj Ambavat ...Respondent

Present:

For Appellant: Mr. Tasmeet Singh, Mr. Pushpendra S. Bhadoriya, Mr. Guneet Sidhu, Advocates For Respondent: Ms. Pratiksha Sharma, Mr. Ankit Acharya, Ms. Mueed Shah, Advocates

ORDER

09.09.2022: I.A. No. 3082 of 2022 has been filed for condonation of delay

of four days in filing the Appeal. Delay of four days in filing the Appeal is

condoned. I.A. No. 3082 of 2022 is allowed.

2. Heard Learned Counsel for the Appellant.

3. This Appeal has been filed against the Order dated 07.07.2022 passed

by the National Company Law Tribunal, Cuttack Bench in I.A. No.

278/CB/2020 filed by the Appellant. By which Application, Appellant sought

direction to Resolution Professional to accept the claim. Appellant has filed

claim in Form-C along with the claim, Appellant has also filed photocopy of -2-

unregistered sale deed engrossed on Rs. 100/- and stamp paper allegedly

executed before the Notary on 13.01.2015.

4. The Adjudicating Authority rejected the Application for claim observing

that alleged sale deed is neither registered nor stamped, cannot be looked for

any purpose.

5. We are of the view that the Adjudicating Authority has rightly taken the

view that such kind of sale deed which is neither registered nor stamped and

was executed before Notary cannot be basis for any claim with regard to the

purchase of immovable property as claimed by the Appellant.

6. We do not find any error in the Order of the Adjudicating Authority, the

Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No. 1056/2022