2019 (8) TMI 1439 - Tri - Companies Law

Notice to Creditors Vital: Tribunal Stresses Timely Objection in Late Claims

M/s Green Edge Buitdtech LLP Versus M/s Aadhaar Shri Infratech Pvt. Ltd.

The Tribunal emphasized the necessity of providing notice to Financial Creditors for objection to late claims submitted after the specified deadline in an ... Time limitation for claiming dues - process of CIRP started - Section 12A of IBC, 2016 read with attendant Rules and Regulations - HELD THAT:- This Tribunal is of the view that notice of this application is required to be given to the Financial Creditors, in order to ascertain as to whether the said financial creditors has no objection even though the claim has been preferred after the due date mention in the publication issued by the IRP in the paper publication as 03.08.2019. In the circumstances let notice of this application be issued by the learned IRP to the financial creditors as given above at their respective addresses and also file an affidavit of service to this effect - Let notice be issued dasti and for which purpose order shall be made available dasti to the learned IRP. Post the matter on 19.08.2019. Issues Involved:1. Application under Section 12A of IBC, 2016 filed by the IRP2. Claims filed by operational creditor and subsequent claims by financial creditors3. Requirement of notice to financial creditors for objection to late claimsAnalysis:1. Application under Section 12A of IBC, 2016 filed by the IRP:The judgment pertains to an application filed by the IRP under Section 12A of the Insolvency and Bankruptcy Code, 2016, along with relevant Rules and Regulations. The application was initiated by the operational creditor, leading to the initiation of Corporate Insolvency Resolution Process (CIRP) against the corporate debtor. The IRP informed the Tribunal that after the specified claim submission date, two additional claims were received from Reliance Commercial Finance Ltd. and Syndicate Bank. The absence of a constituted Committee of Creditors (COC) prompted the filing of a settlement agreement by the IRP. However, the Tribunal emphasized the necessity of providing notice of the application to the Financial Creditors to determine if they objected to the late claims submitted after the due date mentioned in the publication.2. Claims filed by operational creditor and subsequent claims by financial creditors:The judgment highlights the sequence of events regarding the claims filed in the insolvency proceedings. Initially, the operational creditor filed a claim within the stipulated time frame. Subsequently, two additional claims were submitted by Reliance Commercial Finance Ltd. and Syndicate Bank after the expiration of the specified period. The presence of these late claims raised the issue of whether the Financial Creditors had any objections to these claims being considered, especially given that no COC had been constituted at that point in time.3. Requirement of notice to financial creditors for objection to late claims:In addressing the issue of late claims by the financial creditors, the Tribunal underscored the importance of providing notice to the Financial Creditors regarding the application and the subsequent claims. The Tribunal directed the IRP to issue notice to the concerned Financial Creditors at their respective addresses and submit an affidavit of service confirming the same. The decision to issue notice aimed to ensure that the Financial Creditors had an opportunity to express any objections they might have regarding the acceptance of claims submitted after the specified deadline. The Tribunal scheduled the next hearing for further proceedings on the matter, emphasizing the need for due process and adherence to the statutory requirements under the IBC, 2016.