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2022 (7) TMI 1244

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..... DELHI] , referred to by the Applicant, the delay in submitting the claim may be condoned, in case the CIRP initiated against the Corporate Debtor is not concluded. In this case, the CIRP is not concluded. This Application is allowed, condoning the delay in filing the Form C by the applicant before the RP and directing the RP to accept the Form C filed by the applicant on 12.05.2022 and take appropriate decision in the matter. Application disposed off. - IA (IBC)/109(KOB)/2022 in IBA No. 11(KOB)/2020 - - - Dated:- 1-7-2022 - Ashok Kumar Borah , Member ( J ) And Anil Kumar B. , Member ( T ) For the Appellant : MTS Legal For the Respondents : Sankar P. Panicker , Advocate ORDER Ashok Kumar Borah , Member ( J ) 1 .....

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..... plicant contacted the Customer Service representative of M/s. MIR Realtors Private Limited and he was informed about the Insolvency Proceedings pending against the MIR Realtors Private Limited. It is only then that the Applicant became aware of the Insolvency Proceedings of MIR Realtors Private Limited. Immediately the Applicant made inquiries and then became aware of the public announcement. 5. As per the public announcement the last date of submission of claims was 01.01.2022 and the Applicant submitted his claim to the Respondent vide email dated 25.04.2022. However, the claim was rejected by the Respondent vide e-mail dated 26.4.2022 on the ground that the Claim ought to have been filed on or before 18.3.2022 as the 90 days expired o .....

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..... t/Resolution Professional and perused the entire case records/documents. To buttress the arguments of the learned counsel for the Applicant, he has referred to the order of a co-ordinate bench of this Tribunal in Twenty First Century Wire Rods Ltd. (CA-942(PB)/2019), wherein it was held as under:- We pass the same order in the instant matter and disposed of the application with a direction to the Resolution professional to take into consideration the claim made by the applicant on the basis of the award passed by the Arbitrator. The Resolution Professional shall not reject the claim on the ground of delay as the CIR Process is still under progress and no resolution plan has been approved by the CoC so far. 8. He has also referred .....

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