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TMI Blog2020 (12) TMI 1173X X X X Extracts X X X X X X X X Extracts X X X X ..... t no claim was received by the Liquidator from the Applicant till the last date of submission of claims i.e. 31.10.2019 and admittedly, the Applicant has filed its claim only on 22.05.2020 i.e. after more than 6 months from the last date of filing of the claims. The Respondent also pointed out that said claim is time barred as the Gas Sale Transmission Agreement between the Applicant and the Cor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aim of the Applicant in Liquidation of M/s. Aster Silicates Limited (hereinafter referred to as Corporate Debtor ). 2. The facts of the case is/are herein under: 2.1 CP(IB) No. 366 of 2018 was filed by Operational Creditor viz. Hasmukhbhai Somabhai Patel, under section 9 of the IB Code, seeking initiation of Corporate Insolvency Resolution Process (hereinafter referred as CIRP ) against th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Adjudicating Authority vide its order dated 01.10.2019. 2.5 As per Regulation 12 of Insolvency and Bankruptcy (Liquidation Process) Regulation 2016, a public announcement was made and last date for submitting claims was fixed as 31.10.2019. 2.6 Learned Counsel for GAIL/Applicant submitted that the Applicant filed its claim vide E-mail dated 22.05.2020 as well as by way of Speed Post on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecember 2019, delay was caused in filing the claim. 3. On perusal of the affidavit in reply filed by the Respondent, it is found that no claim was received by the Liquidator from the Applicant till the last date of submission of claims i.e. 31.10.2019 and admittedly, the Applicant has filed its claim only on 22.05.2020 i.e. after more than 6 months from the last date of filing of the claims. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The plea taken by the Applicant that the statutory publication was made in Ahmedabad editions only, whereas, the office of the Applicant is situated in New Delhi is not sustainable as the Applicant has its zonal office in Ahmedabad, which is reflected from the application. iv. Lastly, the claim so made is time barred as Gas Sale Transmission Agreement between the Applicant and the Corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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