2021 (3) TMI 979 - Tri - Insolvency and Bankruptcy

Condonation of delay in filing claim - seeking direction to liquidator to accept and verify the claim of Applicant - Rejection of claim filed by Applicant before the liquidator appointed for the Corporate Debtor Company, which is undergoing CIRP - HELD THAT - The contention of the Counsel for liquidator is that the Applicant filed the claim beyond the time prescribed for receiving the claims. It is true that the Applicant filed the claim after a delay of 540 days. The claim was not filed within 30 days from the commencement of liquidation process. The undisputed fact is that there was an abnormal delay in filing the claim before the liquidator. The applicant has not furnished any justifiable reasons for the delay. The amount claimed by the Applicant is substantial. It is not convincing to believe that a person who is to get substantial amounts is not keeping a track of the happenings in the corporate debtor. Application dismissed.

Issues:
- Application under Section 42 of Insolvency and Bankruptcy Code, 2016 to set aside an impugned order, condone delay in filing claim, and direct the liquidator to accept and verify the claim.
- Delay in filing the claim by the Applicant.
- Legal provisions regarding the timeline for filing claims in liquidation proceedings.
- Justifiability of condoning the delay in filing the claim.
- Dismissal of the application by the Tribunal.

Analysis:
1. Application under Section 42 of IBC: The Applicant filed an application seeking to set aside an order, condone a delay, and direct the liquidator to accept and verify the claim under Section 42 of the Insolvency and Bankruptcy Code, 2016. The Applicant claimed to be a stakeholder of the corporate debtor undergoing liquidation and sought consideration of its claim amounting to ?1,69,77,139. The Applicant argued that the delay in filing the claim was unintentional and requested the Tribunal to condone the delay and direct the liquidator to accept the claim.

2. Delay in Filing Claim: The Applicant acknowledged a delay of 540 days in filing the claim, which was beyond the prescribed timeline of 30 days from the commencement of the liquidation process. The Applicant emphasized that the delay was not intentional or deliberate, and requested the Tribunal to consider the claim on its merits to prevent substantial loss.

3. Legal Provisions on Timeline for Filing Claims: The liquidator rejected the Applicant's claim citing Regulation 16 and 30 of IBC, 2016, which mandate filing claims within specific timelines from the date of commencement of liquidation. The liquidator argued that the Applicant's claim was time-barred and should be rejected based on the statutory provisions governing the submission of claims in liquidation proceedings.

4. Justifiability of Condoning Delay: The Applicant cited relevant case laws supporting the condonation of delays in filing claims, emphasizing that no prejudice would be caused if the claim was considered on its merits. The Applicant urged the Tribunal to consider the delay in filing the claim and provide directions to accept and verify the claim in the interest of justice.

5. Dismissal of the Application: After hearing arguments from both parties, the Tribunal noted the substantial delay in filing the claim, lack of justifiable reasons for the delay, and the significant amount claimed by the Applicant. The Tribunal found the delay unjustifiable, expressing skepticism over the lack of vigilance by the Applicant in monitoring the liquidation process. Consequently, the Tribunal dismissed the application under Section 42 of IBC, upholding the liquidator's decision to reject the claim due to the delay in filing.

In conclusion, the Tribunal dismissed the Applicant's application, emphasizing the importance of adhering to statutory timelines for filing claims in liquidation proceedings and highlighting the significance of justifying delays in such filings.

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