Tribunal orders admission of claim in TEIL Projects Ltd. liquidation process, dismissing liquidator's objection. The Tribunal set aside the rejection of the petitioner's claim in the voluntary liquidation process of TEIL Projects Ltd., directing the liquidator to ...
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Tribunal orders admission of claim in TEIL Projects Ltd. liquidation process, dismissing liquidator's objection.
The Tribunal set aside the rejection of the petitioner's claim in the voluntary liquidation process of TEIL Projects Ltd., directing the liquidator to admit the claim as per the form filed by the petitioner. The Tribunal affirmed its jurisdiction to adjudicate the appeal/application, dismissing the liquidator's objection and instructing the admission of the claim within 10 working days. The rejection letter dated May 14, 2019, was overturned, and a memo to amend the cause title was allowed.
Issues: 1. Setting aside rejection of claim in voluntary liquidation process. 2. Jurisdiction of the Authority to adjudicate the appeal/application.
Analysis: 1. The petitioner sought to set aside the rejection of their claim in the voluntary liquidation process of TEIL Projects Ltd. The liquidator rejected the claim citing it was not part of the initial declaration. The petitioner explained that due to pending issues, a claim of Rs. 16,18,118 was inadvertently missed in the declaration. The liquidator acknowledged the balance due but rejected the claim, advising the petitioner to seek the remaining amount from the appropriate authority. The Tribunal found the rejection unjustified and directed the liquidator to admit the claim as per form B filed by the petitioner, setting aside the rejection letter.
2. The liquidator raised an objection to the Tribunal's jurisdiction to adjudicate the appeal/application. The petitioner cited Section 59 of the Insolvency and Bankruptcy Code, 2016, which allows for appeals against the decisions of the liquidator in voluntary liquidation proceedings. The Tribunal agreed with the petitioner's interpretation of the law and dismissed the objection, asserting its authority to hear the matter. The application was allowed, and the liquidator was instructed to admit the petitioner's claim within 10 working days, notifying the petitioner accordingly. The rejection letter dated May 14, 2019, was set aside concerning the petitioner's claim. Additionally, a memo to amend the cause title from Tata Engineering India Ltd. to TEIL Projects Ltd. was permitted by the Tribunal.
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