2021 (9) TMI 1430

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....in, Member (Judicial), Dr. Ashok Kumar Mishra, Member (Technical) And Dr. Alok Srivastava, Member (Technical) For the Appellant : Mr. Syed Tamjeed Ahmad, Mr. Sohaib Alam, Advocate. For the Respondent : None. ORDER (Virtual Mode) Ld. Counsel for the Appellant submits that the Appellant being a Financial Creditor filed an Application I.A No. 295-KB/2021 under Section 60(5) of IBC r/w Rule 11 of....

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....at Principal Bench of NCLT in the case of Edelweiss Asset Reconstruction Pvt. Ltd. Vs. Adel Landmarks Ltd. held that the rejection of claim on the ground of delay is not sustainable because the provisions has been held to be directory. Therefore, the impugned order is not sustainable in law and deserves to be set aside. Hence, the Appeal be admitted for final hearing. 4. According to the Appellan....

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....laim as the same was filed with delay of 374 days from the last submissions of claims. Thereafter, the Appellant has filed aforesaid application I.A. No. 295-KB/2020 before the Adjudicating Authority which is dismissed by the impugned order. 5. It is an admitted fact that the last date for submissions of claims was 04.12.2019, however, the Appellant has filed his claim on 12.12.2020 i.e delay of ....