9911796707
TMI Blog2022 (6) TMI 1304X X X X Extracts X X X X X X X X Extracts X X X X ..... s, 2016). This form is required to be filed during CIRP. Further the Form was belatedly submitted before the Liquidator who in turn informed the Applicant of shortcomings. It can be seen from the proceedings of this Tribunal vide order dated 07.03.2022, wherein it was submitted by the Applicant/RPFC that they seek condonation of delay of 268 days in making claim to the liquidator. But when this Tribunal has calculated the delays from the liquidation commencement date and till the date of submission of impugned form before the Liquidator i.e. 06.07.2021, i.e. the delay comes to 672 days and not 268 days - Hence extraordinary delay of 672 days in submission of claim by applicant, is devoid of merits. Further in interest of Justice also we ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m amount of Rs. 3,72,119/- of the Applicant on first priority from and out of the liquidation assets/estate of the Respondents. c. To direct the Respondents for payment of costs thereof. 2. It was averred in the Application that the Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor viz. Adept Technology Private Limited by this Tribunal on 29.03.2019 and subsequently Liquidation was ordered by this Tribunal vide Order dated 03.09.2019. 3. It was further averred in the application that the Applicant had submitted its claim in Form F on 06.07.2021 with the IRP. 4. It was further averred in the application that prior to the above Proceedings, this Corporate Debtor has defaulted in payment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss for Corporate Persons) Regulations, 2016) and the extract of the Form F which was filed by the Applicant is reproduced hereunder: 9. It is observed that the Applicant was required to file the form as per Regulation 20 of the IBBI (Liquidation Process) Regulations, 2016 before the Liquidator in Form G but the Applicant chose to file its claim in Form F under Regulation 9A of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016). This form is required to be filed during CIRP. Further the Form was belatedly submitted before the Liquidator who in turn informed the Applicant of shortcomings. 10. Further the condonation of delay application filed by the applicant does not specify the numbe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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