2020 (10) TMI 1303 - Tri - Insolvency and Bankruptcy

Tribunal issues directives on claim filing post liquidation, rejects Committee inclusion, and advises on jurisdictional matters.

JM Financial Assets Reconstruction Co Ltd Versus Sandhya Prakash Ltd

The Tribunal directed applicants to file claims with the liquidator post liquidation order, emphasizing timely filing and proper consideration. ... Claim of refund from Income Tax Department - HELD THAT:- It is not within the jurisdiction to direct Income Tax Department to give refund. We direct the liquidator to approach proper authority. Application is not maintainable and stands disposed-off. Issues:1. Consideration of claims by the liquidator2. Inclusion of names in Committee of Creditors (CoC)3. Refund claim from the Income Tax DepartmentConsideration of Claims by the Liquidator:In the case, various applications were filed by different applicants directing the then Insolvency Resolution Professional (IRP) to consider their claims. However, since the order of liquidation had been passed, the applicants were directed to file their claims if not already done so, and the liquidator was instructed to consider these claims as per the rules. The Tribunal disposed of each application after giving these directions, emphasizing the importance of timely claim filing and proper consideration by the liquidator.Inclusion of Names in Committee of Creditors (CoC):Several applications were filed by different applicants seeking to include their names in the Committee of Creditors (CoC). However, since the order of liquidation had been passed, making the CoC irrelevant, these applications were deemed infructuous and disposed of accordingly. The Tribunal highlighted that due to the liquidation order, the inclusion of names in the CoC was no longer applicable, leading to the disposal of these applications.Refund Claim from the Income Tax Department:An application was filed by the liquidator for claiming a refund from the Income Tax Department. The Tribunal noted that it was not within its jurisdiction to direct the Income Tax Department to provide the refund. Consequently, the liquidator was advised to approach the proper authority for this matter. The Tribunal declared the application as not maintainable and disposed of it, emphasizing the need for the appropriate authority to handle such refund claims.Adjournment and Future Consideration:The Tribunal adjourned the consideration of certain applications to a later date for further review and deliberation. Specifically, IA 81 of 2020 and IA 69 of 2019 were adjourned for further consideration on 22.01.2021, indicating the need for additional time to assess and address the issues raised in these applications. The adjournment highlighted the Tribunal's commitment to a thorough and detailed review of the matters at hand.