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TMI Blog2022 (3) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... at the delay in filing the Claim before the Liquidator be condoned as this Tribunal is satisfied that the cause ascribed is reasonable and construes sufficient cause . Without delving into the merits of the Claim, this Tribunal is of the considered opinion that the Appellant be given an opportunity to present his Claim before the Liquidator within a week from the date of this Order - Appeal allowed. Rejection of Claim of liquidator due to delay in filing of the same - HELD THAT:- The Adjudicating Authority has rejected the prayer on the ground that the Appellant has filed the Appeal against the decision of the Liquidator with a delay of 42 days. Having regard to the reasons cited in Company Appeal (AT) (Insolvency) No. 34 of 2022 and in the Affidavit filed before the Adjudicating Authority, this Tribunal is satisfied that the grounds raised construe sufficient cause , to condone the delay in filing of the Appeal before the Adjudicating Authority - this is a fit case to grant an opportunity to the Appellant herein to file their Claim before the Liquidator within a week from today and the Liquidator shall decide the Admission/Rejection of the Claim on merits, within a week f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no rebuttal on the point that the Appellant being husband of the Suspended Director of CD had knowledge of the ongoing CIRP proceedings. 12. We do not find any merit in the pleas taken by the Appellant. Therefore, 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; therefore, the prayer is rejected. 4. Submissions of the Appellant: The Learned Counsel strenuously contended that upon directions of the Adjudicating Authority the Appellant filed an Affidavit dated 16.03.2021, in which it was deposed that the Appellant had come to know about the Notice of Liquidation Proceedings only in the month of October, 2020 and did not have any knowledge regarding the Public Announcement. The Appellant being a Senior Citizen, could not, during the pandemic, immediately meet/contact any counsel or collate the data for filing of the Claim as the said data was lying in his Office which was physically shut down on account of the Covid19 situation. It was only in the last week of October, 2020 that the Appellant became aware of the Liquidation Proceedings and was able to co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng for the Respondent contended that the last date of submission of the claim as stated in the Public Announcement was 28.08.2020 and the Respondent/ Liquidator rejected the claim as it was received on 31.10.2020 after the 30 days time limit prescribed under the provision of the Code and the Liquidation Process Regulations, 2016. The Adjudicating Authority has rightly dismissed the Appeal as it was filed 22 days beyond the time provided for under the Code and also on the ground that there was no rebuttal on the point that the Appellant, being the husband of the suspended director of the Corporate Debtor, had knowledge of the ongoing CIRP proceedings. The Learned Counsel placed reliance on Section 38 of the Code which provides for consolidation of the Claims and Section 38 sub-Section (1) provides that the Liquidator shall receive or collect the claims of the creditors within a period of 30 days from the date of the commencement of the liquidation process .. . Further Regulation 12 (2)(b) of the Liquidation Process Regulations, 2016 provides that the Public Announcement issued by the Liquidator shall provide the last date for submission or updation of claim, within 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8. Keeping in view the facts of the attendant case and the observations made by the Hon ble Supreme Court in Suo Motu Writ Petition dated 08.03.2021, this Tribunal is of the earnest view that the delay in filing the Claim before the Liquidator be condoned as this Tribunal is satisfied that the cause ascribed is reasonable and construes sufficient cause . Without delving into the merits of the Claim, this Tribunal is of the considered opinion that the Appellant be given an opportunity to present his Claim before the Liquidator within a week from the date of this Order. Needless to add, we have not made any observations regarding the issue of Related Party or otherwise or touched upon the merits of the Claim. The Liquidator shall decide the Admission/Rejection of the Claim within a week from the date of filing of the Claim, in accordance with Law. 9. For all the aforegoing reasons, the impugned order dated 12.10.2021 is set aside and accordingly this Appeal is allowed with the aforenoted directions. Company Appeal (AT) (Ins) No.46/2022 10. Similarly, CA(AT)(Ins) No.46/2022 is preferred by M/s Pepper Craft against the impugned order dated 12.10.2021, whereby the Adj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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