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TMI Blog2019 (8) TMI 1585X X X X Extracts X X X X X X X X Extracts X X X X ..... dent has performed his duty and the public notice was issued for calling of claims. The Resolution Professional is nowhere liable to issue personal notice to the Creditors of the Company. Thus, the contention of the Applicant that Resolution Professional did not inform about submitting the claim is vague. At present the stage of the main Petition is that it is pending for Approval of Resolution Plan by this Tribunal and the CIRP Proceedings have come to an end. Thus, by virtue of this fact it is viewed by us that the present application cannot be allowed - Application dismissed. - IA No. 594 of 2019 in CP (IB) No. 269/09/HDB/2018 - - - Dated:- 29-8-2019 - Ratakonda Murali, Member (J) and Narender Kumar Bhola, Member (T) For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim is a bonafide claim and the Applicant ought not to be deprived of its rights against the Corporate Debtor due to the aforesaid reasons. c. It is averred that the Applicant is Transporter and engaged buses for transport of employees workers of the Corporate Debtor. The Corporate Debtor is indebted to the Applicant as on date is ₹ 13,00,000/- (Rupees Thirteen Lakhs Only). 3. The Resolution Professional has filed his counter and averred that: i. That the contents/ allegations/ submissions made by the Applicant are false and baseless and accordingly the same are being denied in entirety. ii. That the instant Application has been filed by the Applicant praying for condonation of delay in filing its claim before the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate Persons) Regulation, 2016 ( CIRP Regulation ) and invited claims from the creditors of the Corporate Debtor as envisaged in the IBC. As per the publication dated 08.09.2018, the last date for submission of claim was 20.09.2018. On receiving such claims, the IRP constituted a Committee of Creditors ( CoC ) in the Insolvency Resolution Process of Corporate Debtor. Copy of the Public Announcement dated 08.09.2018 is annexed as ANNEXURE R-2. v. That in the Second CoC meeting that took place on 01.11.2018, the members of the committee resolved to appoint the Respondent herein viz. Kapil Dev Taneja having Reg. No. : IBBI/IPA-003/IP-N00069/2017-18/10547) as the Resolution Professional in the Corporate Insolvency Resolution Process of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd the instant application has been filed by the Applicant without submitting its claim in the prescribed form and with supporting documents with the Respondent (Resolution Professional). x. That the Respondent, immediately after receiving copy of the instant Application, addressed a letter dated 19.07.2019 to the Applicant, requesting to submit its claim under Form -B of CIRP Regulations along with the necessary documents. Copy of a letter dated 19.07.2019 addressed by the Respondent to the Applicant is annexed as ANNEXURE R-5. xi. However, neither any response has been received by the Respondent nor the relevant FORM-B along with supporting documents have been furnished by the Applicant. xii. It is stated that, similar issue of s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... olvency resolution Process. Therefore, we are unable to persuade ourselves to issue directions to the Resolution Professional to entertain the claim made by the applicant. If such a course is to be adopted, the Resolution Professional has to invite fresh claims from rest of the world bu inserting a new Public Notice so as to enable all other left out claimants to file their claim before Resolution Professional. It will cause considerable delay in the finalization of Corporate Insolvency Resolution Process. As a sequel to above discussion, application fails and the same is dismissed. Copy of the Order dated 31.01.2018 as passed by Hon'ble NCLT, Principal Bench is annexed as ANNEXURE R-6. xiii. Furthermore, a perusal of the ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e allowed and admitted by the Resolution Professional of the Corporate Debtor. 6. We have gone through the contentions raised by the Respondent in his counter. After considering counter and annexure filed with it, and on pursual of Rules and regulations relied upon by the Respondent under Insolvency and Bankruptcy Code, 2016 we are of the considered view that the claims by RP can be admitted only within 90 days from the starting of CIRP Proceedings, upon submission of claim in prescribed form and formats. 7. In the present case, it is clear that there is a failure on part of the Applicant in filing the claim against the Corporate Debtor to the Resolution Professional. On pursual of documents annexed in counter it is clear that the Res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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