TaxTMI 
TaxTMI 
2021 (7) TMI 1173
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.... 1. Under consideration are Applications which are filed by the Financial Creditors/Operational Creditors of the Corporate Debtor viz. M/s. Appu Hotels Ltd. under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 aggrieved against the rejection of the claim in relation to the Operational Creditor and also against non admission of the claim in relation to the Financial Creditor. 2. For the sake of convenience the following matters are taken up together to pass a common order, since the issues involved in the below applications are one and the same. Applications Filed by Trade Creditors/Operational Creditor (I) IA/247/CHE/2021 - Aspri Spirits Pvt. Ltd. 3. The present Application has been filed by the Applicant in the capacity as ....
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....sent Application has been filed by the Applicant in the capacity as an Operational Creditor seeking thereof to condone the delay of 184 days in submission of the proof of claim to the Respondents and consequently direct the Respondent to admit the claim of the Applicants and to include them in the list of creditors of the Corporate Debtor. 8. The Learned Counsel Mr. S. Sathiyanarayanan appearing on behalf of the Applicants submitted that this Tribunal vide its order dated 05.05.2020 had initiated the Corporate Insolvency Resolution Process in relation to the Corporate Debtor and appointed the Interim Resolution Professional. The Applicants herein have supplied products to Corporate Debtor's hotel at Chennai and Coimbatore and it was su....
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....may be on or before the 90th day of the Insolvency Commencement date and hence in this regard it was submitted that the present Application would not be maintainable. Further, it was submitted by the Learned Senior Counsel that the IBC, 2016 is a self contained Code which sets out timeline and also the Resolution Plan in relation to the Corporate Debtor was approved by the Committee of Creditors on 22.01.2021 which is pending adjudication before this Tribunal and hence sought dismissal of the Application filed by these Applicants. 12. In reply to the said contention, the Learned Counsel for the Applicants placed reliance upon the Judgment of the Hon'ble Supreme Court in Suo Moto Writ (Civil) No. 3 of 2020 wherein the Hon'ble Apex C....
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....cannot plead ignorance as to the initiation of the CIRP in relation to the Corporate Debtor for non - submission of the claim in time. It is also pertinent to point out here that the Resolution Plan in relation to the Corporate Debtor is pending approval before this Adjudicating Authority and at this stage, if the prayers as sought by the Applicant is allowed it would amount to opening of a pandora box. Further, the Hon'ble Supreme Court while dealing with the admission of a claim, post approval of a Resolution Plan, in the matter of Committee of Creditors of Essar Steel India Limited -Vs- Satish Kumar Gupta &Ors. in Civil Appeal No. 8766 - 67 of 2019 at para 67 has held as follows; 67. For the same reason, the impugned NCLAT judgment....
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....nds dismissed, without costs. Application Filed by Financial Creditor (vi) IA/519/CHE/2021 - R. Natarajan 15. The Applicant herein who claims to be a Financial Creditor in relation to the Corporate Debtor has stated that he is having a claim of Rs. 61,81,624/- and had submitted his claim in Form - C before the IRP on 03.08.2020 and despite submitting the claim, the IRP/RP has not acted upon it and has not taken any decision till date. Hence, the present Application has been filed to direct the Respondent/Resolution Professional to adjudicate and admit the claim of the Applicant and the declare the Resolution Plan, if any approved by the CoC without admitting the claim of the Applicant as void and non - est in law. 16. The Learned Counse....
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.... parties, in the present case it is seen that eventhough an averment has been made in the Application that the Applicant has filed the claim on 03.08.2020, the Applicant has not placed on record any documents in support of the same. Further, the e-mail as relied on by the Applicant was sent by him only on 10.09.2020; by this time the 90 days' period for submission of the claim was already over. In fact, it was also submitted by the RP that he has not received the mail dated 03.08.2020 sent by the Applicant. Thereafter, it is seen that after the mail dated 10.09.2020, the Applicant has slept over its rights and never made any follow up action with the RP as to the status of his claim and only on 21.01.2021, just one day before the 9th Co....