There is no adjudication contemplated at the stage when RP is appointed under Section 97(5) of IBC | Resolution Professional is not precluded to submit a Report regarding the time barred debt/limitation or on any other jurisdictional fact | Issue of any defect in appointment of RP does not require consideration at the stage when RP is appointed – Mr. CL Sharma Vs. Bank of Maharashtra and Anr. – NCLAT New Delhi
Hon’ble NCLAT held that:
(i) Adjudicating Authority should consider the issue pertaining to jurisdictional fact at the stage of Section 100 and there is no adjudication contemplated at the stage when RP is appointed under Section 97(5).
(ii) Whether the debt owed by the debtor to the creditor, is time barred, is also a related question and the RP while recommending for admission or rejection of the Application, is not in any manner precluded from giving his recommendation on the basis of materials, which are on the record of the Application.
(iii) Insofar as the submission of the Appellant(s) that Adjudicating Authority failed to take into consideration that authorization was not filed by the RP, it is always open for the Appellant to take such or other pleas as permissible at the time of adjudication of issue, including any defect in the Application under Section 95 and the said question also does not require any consideration at the stage when RP is appointed.
(iv) Question of adjudication of issues between the parties arises only at the stage of Section 100 and the RP has only role of facilitator.
