9911796707
TMI Blog2021 (10) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... thin fourteen days from the date of receipt of decision of Rejection from the Liquidator; however, the appeal has been filed after 22 days (appeal filed on 31.12.20 while rejection was on 09.12.20) which is beyond the time provided in Section 42 IBC. Further, there is no rebuttal on the point that the Appellant being husband of the Suspended Director of CD had knowledge of the ongoing CIRP proceedings. There are no merit in the pleas taken by the Appellant - in the light of the well settled law, the Appellant is unable to show the sufficient cause for condoning the delay in submitting the claim by the Appellant - appeal dismissed. - Company Appeal IBC - 01/ND /2021 and Company Petition (IB) - 323/ND/2019 - - - Dated:- 12-10-2021 - Ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t ₹ 2,08,89,068 totaling to ₹ 6,92,89,068 is reflected. It is stated that the claim was received by the Liquidator on 31.10.20. The Liquidator vide email dated 09.12.20 rejected the claim stating that the claim was received on 31.10.20 and he was not authorized to collect claims of the creditors after the last date i.e., 28.08.20. As per Regulation 31(2) of the Liquidation Regulations, the Liquidator is required to file the list of stakeholders with the Adjudicating Authority within 45 days from the last date for receipt of claims, upon verification and admission/rejection of all the claims and list of stakeholders is to be announced to the public by way of Public Announcement. 6. The Appellant submits that he was not aware a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ata in UCO bank Vs. Nicco Corp Ltd (in Liquidation) CA 31/KB/2018 in CP (IB) 03/KB/2017 order of 14.02.18 as under: .... On going through the Regulation 12(2) of the Insolvency Bankruptcy Code of India, 2016 (Insolvency Resolution Process for Corporate Persons) Regulations 2016, a claim can be considered by the resolution professional even after the expiry of last date fixed in the announcement i.e., till approval of the Resolution Plan. But there is no similar provision in the Code or in the public announcement. Therefore there is no infirmity or illegality in the order if rejection of the claim of the appellant therein 9. The Liquidator has also relied on the observations of the Hon'ble Supreme Court in the matter of Ramla ..... X X X X Extracts X X X X X X X X Extracts X X X X
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