TaxTMI 
TaxTMI 
2021 (10) TMI 815
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.... 2016") read with Rule 11 of NCLT Rules, 2016, seeking to condone the delay of 18 days in preferring the Appeal under Section 42 of IBC, 2016 against the order of the Liquidator dated 02.01.2020. The said Appeal is numbered as IA/496/IB/2020. 2. It is averred in the Application that as against the order of the Liquidator dated 02.01.2020, due to certain business commitments the Applicant was not in a position to file the Appeal under Section 42 of IBC, 2016 before this Tribunal within a period of 14 days. For the reasons stated in the Affidavit, the delay of 18 days in filing IA/496/IB/2020 is hereby condoned. 3. IA/496/IB/2020 is the main Application filed by the Applicant under Section 42 of IBC, 2016 aggrieved against the order passed ....
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.... distribution has also taken place and that the Applicant has submitted the claim only on 13.09.2019, which is almost one and a half year after the commencement of the liquidation process. Further, it is also stated in the rejection letter that the list of stakeholders has already been submitted to this Tribunal and that without the permission of this Tribunal the liquidator cannot alter the list of stakeholders. 5. Heard the submissions made by the Learned Counsel for both the parties. The Applicants who claim to be the Operational Creditors in relation to the Corporate Debtor have submitted their claims during the CIRP in relation to the Corporate Debtor but have failed to submit their claims during the Liquidation process of the Corpora....
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....lations 201, the claim in respect of workmen and employees alone are required to be admitted by the Liquidator based on the books of accounts of the Corporate Debtor, even though the Workmen and Employees have not preferred a claim before the Liquidator as per Regulation 19(4) of the IBBI (Liquidation Process) Regulations, 2016, no such relaxation is granted/available to the Operational Creditor like the Applicants herein or for that matter for any other class of creditors. Thus filing of the claim with the Liquidator during the Liquidation process within the time period stipulated thereunder is a mandatory requirement under the IBC, 2016 and also it must be noted here that the mere entry of debt in the books of accounts of the Corporate De....