9911796707
TMI Blog2022 (4) TMI 655X X X X Extracts X X X X X X X X Extracts X X X X ..... ication. The averments made in the Counter, it is seen that all the properties of the Corporate Debtor are sold and the sale proceeds have been realized and distributed to the stakeholders under Section 53 of IBC, 2016 and pursuant thereto, the Liquidator has also filed an Application seeking dissolution of the Corporate Debtor, which is pending adjudication before this Tribunal. Hence, the delay cannot be condoned since the realization has already been made - Application dismissed. - IA(IBC)/769(CHE)/2021 in CP/382/IB/2019 - - - Dated:- 31-3-2022 - Sucharitha R., Member (J) And Sameer Kakar, Member (T) For the Appellant : Santosh Nagarajan, Advocate For the Respondents : Thilak Narayanan, Advocate ORDER Sucharitha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anch Office, which notice was returned as Refused. 4. It was submitted that the claim was rejected by the Liquidator on 06.03.2020 and subsequently the pandemic induced lockdown came into force and hence the Applicant could not file the claim within the timeline and hence the present Application has been filed to condone the delay of 236 days in filing the miscellaneous Application to set aside the order of rejection dated 06.03.2020 by the RP. 5. The Respondent has filed counter and it was submitted by the Learned Counsel for the Respondent that the Applicant has not chosen to file the claim before the IRP during the CIRP period and that the Liquidation was ordered by this Tribunal on 25.11.2019 and that the Respondent has caused a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissal of the present Application. 8. Heard the submissions made by the Learned Counsel for both the parties. In the present case it is seen that inspite of Liquidator intimating to the Applicant to file its claim, the Applicant has not preferred to file its claim before the Liquidator on time and has filed this Application seeking condonation of delay of 236 days in filing the miscellaneous application seeking to set aside the rejection of claim order passed by the Respondent. Further, the reasons ascribed to the same was that due to pandemic, they are unable to file the Application. 9. Be that as it may, from the averments made in the Counter, it is seen that all the properties of the Corporate Debtor are sold and the sale proceeds ..... X X X X Extracts X X X X X X X X Extracts X X X X
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