2021 (4) TMI 622

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....mit the IA and allow the Liquidator - (i) To modify the list of stakeholders and incorporate claims filed by the financial stakeholders - Neha Himatsingka & Ors. or otherwise the objective of legislating the IBC, 2016 would be frustrated. (ii) Pass such order and / or orders, direction / directions as this Hon'ble Tribunal may deem fit and proper for the interest of justice. 2. It is observed that - (1) The Applicant Liquidator (Mr. Chhedi Rajbhar) is filing the present application under Section 60(5) (c) read with Regulation 31(3) of the Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016 inter alia seeking directions to modify the list of claims. The Applicant has received claims ....

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....ess against the corporate debtor and calling upon the stakeholders to file their claims. The public announcement was published by the Liquidator in The Sentinel (English) and Amaar Assam (Assamese) on 25.09.2019. Copies of the public announcement published on 25.09.2019 in The Sentinel (English) and one in Amaar Assam (Assamese) is attached with the application marked as ANNEXURE - B (colly). (5) In the said public announcement it was clearly mentioned that the last date of receiving the claims from the stakeholders was 19.10.2019. (6) The Liquidator has not received any claim from any stakeholder till date of the Corporate Debtor under Section 38 of IBC, 2016. (7) The Liquidator in compliance to Regulation 31(2) ....

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....r any task that could not be completed in relation to any liquidation process. (10) It is submitted by the Liquidator that the corporate debtor does not have any realizable asset except cash and bank balance and the Liquidator is yet to make any distribution in compliance to Section 53 of the Code. (11) It is mentioned that the claims received from Neha Himatsingka and others is the only claim received from any stakeholder by the Liquidator. Hence no prejudice will be caused to any other stakeholder if the claims are accepted and included in the list of stakeholders. (12) The present application is made bona fide in the interest of justice. (13) This Bench has jurisdiction to decide the present applicatio....