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        Insolvency and Bankruptcy

        2023 (9) TMI 1464 - AT - Insolvency and Bankruptcy

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        Belated insolvency claim rejected where deemed knowledge and finality of the resolution process barred admission after plan approval. A claim lodged more than 500 days after approval of the resolution plan could not be admitted by condoning delay. Under the Insolvency and Bankruptcy ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                          Belated insolvency claim rejected where deemed knowledge and finality of the resolution process barred admission after plan approval.

                          A claim lodged more than 500 days after approval of the resolution plan could not be admitted by condoning delay. Under the Insolvency and Bankruptcy Code's time-bound framework, the public announcement in the CIRP under Section 15 and Regulation 6 gives deemed knowledge to stakeholders, so a belated claimant cannot reopen a concluded resolution process. The late filing was therefore not capable of being entertained, and the challenge to rejection of the claim failed.




                          Issues: Whether a claim lodged long after the last date for submission and after approval of the resolution plan could be directed to be admitted by condoning delay.

                          Analysis: The claim was filed more than 500 days after the resolution plan had been approved by the Committee of Creditors. The Insolvency and Bankruptcy Code proceeds on a time-bound framework, and public announcement of the CIRP under Section 15 of the Code and Regulation 6 of the Regulations constitutes deemed knowledge. In light of the settled principle that belated claims cannot reopen a concluded resolution process, the delay could not justify admission of the claim at such a late stage.

                          Conclusion: The belated claim was not liable to be admitted, and the challenge to its rejection failed.


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                          ActsIncome Tax
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