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2022 (4) TMI 655

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....r Kakar, Member (T) For the Appellant : Santosh Nagarajan, Advocate For the Respondents : Thilak Narayanan, Advocate ORDER Sucharitha R., Member (J) 1. The present Application has been filed by the Applicant under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 seeking relief as follows; a. To condone the delay of 236 days in filing the miscellaneous application to set aside the o....

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....egarding the initiation of CIRP as against the Corporate Debtor. It was submitted that on coming to know of the said fact, the Applicant filed the claim before the Respondent in Form C on 27.02.2020 for a sum of Rs. 14,72,308.51/- which came to be rejected on the following ground; "the timeline for submission of claims in liquidation announcement was 24.12.2019 and RP also sent a direct communic....

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.... "Dinamani" on 30.11.2019 and the last date for filing of claims was fixed as 24.12.2019. It was submitted that even at this point of time the Applicant has not filed its claim before the Liquidator. The Learned Counsel for the Applicant submitted that the Respondent has addressed a letter to the Applicant conveying his appointment as Liquidator of the Corporate Debtor to enable the Applicant to m....

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....alization were distributed among the creditors and the Respondent has already filed an Application for dissolution under Section 54 of IBC, 2016 vide IA(IBC)/77/CHE/2022 which is pending adjudication before this Tribunal. Under such circumstances prayed for dismissal of the present Application. 8. Heard the submissions made by the Learned Counsel for both the parties. In the present case it is se....