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2024 (2) TMI 569

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..... ted:- 9-2-2024
Company Appeal ( AT ) ( Insolvency ) No. 832 of 2022 - -
Insolvency & Bankruptcy
[ Justice Ashok Bhushan ] Chairperson And [ Mr. Barun Mitra ] Member ( Technical ) For the Appellant : Mr. Divyanshu Rai , Mr. Vishal Sharma , Ms. Taruna , Advocates Ms. Dacchita Shahi , Advocate for Intervenor For the Respondent : Mr. Neeraj Kr. Gupta , Advocate for SRA Mr. Sanjay Kumar Si .....

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..... te Insolvency Resolution Process ("CIRP") of the Corporate Debtor and the Appellants came to know about the order dated 28.04.2022 only in May 2022 and they filed their claim in Form-CA only on 09.06.2022. 4. Learned Counsel for the Appellants submit that the Appellants being unaware of the CIRP, could not file their claim and Resolution Professional ("RP") was obliged to reflect the amount paid .....

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..... 2021) 9 SCC 657, hence, no relief can be granted to the Appellants. The Successful Resolution Applicant has also adopted the submissions of the RP and submits that there is no merit in the Appeal filed by the Appellant. 6. We have considered the submissions of learned Counsel for the parties and have perused the record. 7. Admittedly, the Appellants have filed their claim belatedly. In paragraph .....

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..... rewith as Annexure A-13. 22. That on 09.06.2022, the Appellants filed a Claim with the Resolution Professional in terms of Form- CA under Regulation 8A of the CIRP Regulations, 2016for Principal amount of Rs 24,02,705/- along with interest @18% per annum till the date of commencement of insolvency, i.e., 04.05.2018, i.e., for a total amount of Rs. 50,43,837/-. A true copy of the communication t .....

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..... nts to approach the Successful Resolution Applicant and to give details of payments given to the Corporate Debtor and it is for the Successful Resolution Applicant to take a call on the said claim. 10. Two Intervention Applications have also been filed in this Appeal being IA Nos.519 of 2023 and 520 of 2023. We having taken the view that no relief can be granted to the Appellants in this Appeal, .....

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