2019 (4) TMI 1987

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....t : Advocate Rahul Hakani. For the Respondent : Advocate Kapil Hirani, for Liquidator. ORDER Per: M. K. Shrawat, Member (J) 1. This is an application filed by one of the Operational Creditors of the Corporate Debtor whose claim is rejected by the Liquidator for not filing the claim before the due date prescribed for filing of claims. This application is filed for condoning the above sa....

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.... 3. The Liquidator vide his letter dated 09.08.2018 declined to admit the claim on the ground that he received the claim after the expiry of the prescribed time limit for receiving the claim. As per section 38 of the IBC, 2016, the Liquidator can accept the claims filed within 30 days of the commencement of the liquidation process. Section 38 says: "38. Consolidation of claims: ....

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....al before the Adjudicating Authority against such decision of the liquidator within fourteen days of the receipt of such decision. Section 42 of IBC says: "Appeal against the decision of liquidator: A creditor may appeal to the Adjudicating Authority against the decision of the liquidator rejecting the claims within fourteen days of the receipt of such decision." 6. Further, it is wort....

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.... not proved his debt before the declaration of any dividend or dividends shall be entitled to be paid out of any money for the time being in the hands of liquidator available for distribution of dividend, any dividend or dividends which he may have failed to receive before that money is applied to the payment of any future dividend or dividends, but he shall not be entitled to disturb the distribu....