NCLAT upheld rejection of appellant's belated claim for interest ...

Liquidator's Rejection of Belated Interest Claims Upheld as Time-Barred Under IBC Sections 42 and 60(5)

February 21, 2025

Case Laws     IBC     AT

NCLAT upheld rejection of appellant's belated claim for interest payments in liquidation proceedings. Appellant failed to file claims within prescribed timeline and later attempted to add interest component after two years from supply date. Court found interest claim was an afterthought, not included in original documentation. Appellant's attempt to circumvent Section 42 of IBC by filing under Section 60(5) was rejected. Liquidator's actions in seeking NOC for settling sub-contractor claims were deemed appropriate within scope of duties. Key principles established: claims must be filed within timeline, interest claims must be part of original submission, and Liquidator's decisions are final if not challenged within 14 days under Section 42. Appeal dismissed with no grounds for interference with impugned order.

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