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TMI Blog2019 (7) TMI 1142X X X X Extracts X X X X X X X X Extracts X X X X ..... .11.2018 is no doubt beyond 90 days from 01.05.2018 when the CIRP has been initiated and, therefore, the rejection of the claim, applying Regulation 12(2) of the Regulations of 2016, is found perfectly legal and proper and the RP has not committed any error or illegality in rejecting the claim. Moreover, the resolution plan has been approved by the Adjudicating Authority on 07.12.2018. Therefore, an application of this nature cannot be entertained as this Adjudicating Authority has no power to reopen the resolution process which has already been closed. Therefore, the remedy available to the applicant is lying elsewhere. This application deserves an order of dismissal - Application dismissed. - I.A NO. 21 of 2019 in C.P.(IB) No. 02/GB/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passing an order of admission on 01.05.2018 thereby Mr Bijay Murmuria was appointed as the Interim Resolution Professional (in short, IRP). The IRP was subsequently reappointed as Resolution Professional (in short, RP) and he continued the process by issuing public announcement in English Newspaper Financial Express and also in Vernacular Newspaper Amar Axom at Guwahati mentioning the last date of submission of claims as on 16.05.2018. 4. The applicant contends that the Operational Creditor (in short, OC) failed to file its proof of claim before the IRP within the stipulated time as the OC was not aware about the CIRP of the CD. However, the applicant learnt about the public announcement from the internet only after the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... munication dated 26.11.2018 issued by Bijay Murmuria who was the then IRP on the date of issuance of the said communication. It is good to read Annexure-A2 dated 26.11.2018 under challenge by the applicant herein. It reads as follows: Bijay Murmuria Mon, Nov 26, 2018 Dear Mr. Judgal, This is with reference to your mail dated 24th November, 2018 in Form B dated 12.11.2018 in the matter of M/s. Kitply Industries Limited from Good Woods Products and M/s. K. S. Marketing. Please note that per Regulation 12(2) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulation, 2016, a creditor, who fails to submit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... solution plan as per Section 31(1) of the Code of 2016. Ms. M. Hazarika, learned Sr. counsel for the RP has submitted that once the resolution plan has been approved by the Adjudicating Authority, it is impossible for this Authority to grant relief sought for in the present proceeding and, therefore, this application requires no consideration at all. According to her, the RP did not choose to file any written reply as this application is not maintainable at all. 10. Mr. J. Singh, learned counsel for the applicant, submitted that Regulation 12(2) do not prescribe any cutoff date for submission of the claim by the creditors and that a claimant can submit its claim till the approval of resolution plan. Referring to the claim at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed any error or illegality in rejecting the claim. Moreover, the resolution plan has been approved by the Adjudicating Authority on 07.12.2018. Therefore, an application of this nature cannot be entertained as this Adjudicating Authority has no power to reopen the resolution process which has already been closed. Therefore, the remedy available to the applicant is lying elsewhere. 13. At this juncture the learned counsel for the applicant, referring to the copy of decree dated 16.09.2017 passed by the Court of the Subordinate Judge, Kannur in Original Suit No.47/2014, submitted that the CD company is liable to pay an amount of ₹ 21,92,413/- together with interest at the rate of 6% per annum from 01.04.2013 till realizat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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