2021 (11) TMI 788

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....vide email dated 09.08.2019. 2. Brief facts of the case are as follows: i. It is submitted that the order of liquidation of Delicious Coco Water Private Limited under Section 33 of Insolvency and Bankruptcy Code, 2016 was passed on 31.05.19 and Mr. Kishan Gopal Somani (Respondent) was confirmed as the Liquidator for Corporate Debtor. ii. Thereafter, the Liquidator made a Public announcement of commencement of Liquidation of Corporate Debtor and informed public at large the last date for submission of claims i.e. 10.07.2019. iii. Accordingly, the Applicant being a Financial Creditor submitted its claim of Rs. 3,04,10,000/- in Form D along with supporting documents to the Liquidator on 09.07.2019. iv. Fu....

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....t continues to be aggrieved as the claim of the Applicant is rejected by the Liquidator for no rational reason. The Banking transactions are duly submitted/filed in support of the Loan granted to the Corporate Debtor. The amount has been defaulted by the Corporate Debtor since the last payment was received on 22.03.2017. The Applicant is entitled to receive the due amount of Rs. 3,04,10,000/- from the Corporate Debtor, who failed to repay the loan extended by the Applicant. Being a Financial Creditor, the Applicant is also entitled to be a member of the COC and/or Stakeholders Consultation Committee. xi. It is submitted that all the documents in respect of the claim against the Corporate Debtor have already been filed. The Claim of....

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....oted below:- Section 42 : Appeal against the decision of liquidator- "A creditor may appeal to the Adjudicating Authority against the decision of the liquidator 1 [accepting or] rejecting the claims within fourteen days of the receipt of such decision." 6. A bare perusal of the provision shows that if a person is aggrieved by the order of the liquidator, then the aggrieved person/Creditor may file an appeal within 14 days of the receipt of the such decision. Admittedly, as per the averments made in the memo of appeal, the liquidator has communicated the rejection of the claim to the appellant vide email dated 09.08.2019, whereas this appeal is filed on 18th February, 2021, much after the order of rejection that was communicated ....