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2020 (10) TMI 216

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..... nly direct the Liquidator to examine the claim of the applicant on its merits and could decide whether to admit or reject. We cannot direct the. Liquidator to admit the claim. It is for the Liquidator to decide the claim on its merits. We can only condone the delay in filing the claim before the Liquidator. The applicant will be put to inconvenience if the same is not entertained at the threshold. We are convinced that the delay in filing a claim before the Liquidator can be condoned. In order to meet the ends of justice, we can condone the delay which will not in any way affect the liquidation process already started. Therefore, there are grounds to allow the application. Application allowed.
Ratakonda Murali , Member ( J ) For the App .....

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..... btor. Interest thereon would be ₹ 13,30,276/- as on 31.08.2019, totaling to ₹ 83,78,514/-. Besides, an amount of ₹ 3,39,763/- is outstanding towards the sales tax refundable by the corporate debtor to the applicant. 2.4 It is further averred that the applicant has submitted its claim in Form-C dated 24.09.2019 (pages 13-42) to the Liquidator. The Liquidator has rejected the claim vide his communication dated 07.11.2019 (page 43 to this application) on the ground that the Liquidator is entitled to verify and consider the claims submitted by the stakeholders within 30 days from the last date of receipt of claims, viz. 14.07.2019, and the present claim is beyond the said date. 3. REPLY BY THE LIQUIDATOR DATED 09.01.2020: 3 .....

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..... the claim on merits. We are aware, it is for the Liquidator to decide on merits whether the claim of the applicant to be admitted or rejected. We only direct the Liquidator to examine the claim of the applicant on its merits and could decide whether to admit or reject. We cannot direct the. Liquidator to admit the claim. It is for the Liquidator to decide the claim on its merits. We can only condone the delay in filing the claim before the Liquidator. The applicant will be put to inconvenience if the same is not entertained at the threshold. We are convinced that the delay in filing a claim before the Liquidator can be condoned. In order to meet the ends of justice, we can condone the delay which will not in any way affect the liquidation .....

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