2021 (11) TMI 1045

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....No.743 of 2021 filed by the Appellant against an order dated 9th July, 2021 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench), in CP (IB) No. 1214/KB/2018 whereby the learned Adjudicating Authority dismissed IA/344(KB)/2021 filed by the Appellant seeking condonation of delay in filing its claim of Rs. 1,13,38,651/- against the Corporate Debtor (the Respondent No.3) before the Resolution Professional. 2. The Appellant carries on business of Supply and Erection of Piping Systems. On or about 25th April, 2012 the Respondent No.3 being the Corporate Debtor contacted the Appellant at its office at Chennai, and placed Purchase Order No.C212425-001 on the Appellant for design, supply, erection and testing of LP p....

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....d published a final award on 30th November, 2018, the operative part whereof is set out hereinbelow:- "a) The Claimant shall be awarded a sum of Rs. 55,01,661/- as mentioned more fully and particularly in paragraph 46 hereof. b) The claiming shall be entitled to interest on the aforesaid sum at the rate of two percent higher than the current rate of interest prevalent on the date of the award on and from August 8, 2014 till the date of payment. The expression 'current rate of interest' shall have the same meaning ascribed to it in the explanation to section 31(7) of the said Act. c) The claimant shall be entitled to costs assessed at Rs. 5,00,000/-" 7. The Appellant filed an Application for setting aside of the award under Section 34....

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....ganas, that he came to know that the Corporate Debtor had not been taking steps in the Arbitration Proceedings in view of Insolvency process initiated against it. It was only thereafter that the Appellant came to know of the order dated 7th February, 2020 of the learned Adjudicating Authority. 10. The Appellant contends that on the date of commencement of Corporate Insolvency Resolution Process on 7th February, 2020 the total claim of the Appellant against the Corporate Debtor was Rs. 1,13,38,651/-. The Appellant took immediate steps to prepare and file its claim in Form-B, supported by relevant documents in support of the said claim under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Process for Corporate Person....

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....o. 3 of 2020. 15. On 22.3.2020, this Court passed the following order: "This Court has taken Suo Motu cognizance of the situation arising out of the challenge faced by the country on account of Covid-19 Virus and resultant difficulties that may be faced by litigants across the country in filing their petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under Special Laws (both Central and/or State). To obviate such difficulties and to ensure that lawyers litigants do not have to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such p....

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....en 15.03.2020 till 14.03.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 15.03.2021. In the event the actual balance period of limitation remaining, with effect from 15.03.2021, is greater than 90 days, that longer period shall apply. 3. The period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods 2 | P a g e prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (wi....