2023 (6) TMI 152

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....d/the 'Appellant' under Section 61 of the Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as 'The Code'), against the 'Impugned Order' dated 12.05.2023, in I.A. 1522/2022 in C.P. (IB) No.75/2021, whereby the Tribunal/'Adjudicating Authority' has dismissed the said Application filed by the 'Appellant'/'Applicant' herein seeking Condonation of Delay of 49 days in filing of the 'Claim' under 'Form - C'. 2. Facts in brief are that I.A. (IBC)/1522 (CHE)/2022 in C.P. (IB)/75/CHE/2021 was filed by the 'Applicant'/'Appellant' seeking Condonation of Delay of 49 days in filing of the 'Claim' before the Respondent and for acceptance of the 'Claim'. The Corporate Insolvency Resolution Process ('CIRP') of the 'Corporate Debtor' was initi....

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....cating Authority' dismissed the Application. 4. Learned Counsel for the 'Appellant', strenuously argued that an amount of Rs.1,33,33,562/- was lent to the 'Corporate Debtor'; that the 'Appellant' had incorrectly filled her 'Form' under 'Form - B' as an 'Operational Creditor' on 02.08.2022; that the RP rejected the 'Claim' vide email communication dated 03.08.2022 on the ground of 'delay' and filing the 'Claim'; upon receiving correct advice. The 'Appellant' was advised to resubmit her 'Claim' under 'Form - C' vide email communication dated 07.08.2022; the same was done without any delay and the reminder was also sent on 10.08.2022; that no response was received from the Respondent who had never adjudicated on her 'Claim' and therefore the ....

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....s Pvt. Ltd. & Ors.' Comp. App. (AT) (Ins.) No. 390/2022, and in 'Punjab National Bank' Vs. 'Animesh Mukhopadhyay', 2022 SCC Online NCLAT 3259, in support of his arguments that even 'belated Claims' could be considered by the Tribunal. 7. Learned Counsel for the Respondent submitted that the Resolution Plan of the 'Successful Resolution Applicant' ('SRA'), M/s. CDR & Co. Constructions was approved and the approval for the said Resolution Plan is posted 'for hearing' on 01.06.2023 in I.A. (IBC)/1556/CHE/2022. The IA along with the 'Affidavit' seeking Condonation of Delay was signed on 26.11.2022 and the actual days of delay in filing the Claim Petition before the Respondent is 125 days and with a further delay of 100 days, the 'Appellant' ap....

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.....06.2022, whereas the 'Appellant' had filed the 'Claim' before the RP on 07.08.2022, which is indeed the 139th day of the commencement of the CIRP. The ground taken by the Counsel for the 'Appellant' that it was initially filed under 'Form - B' as an 'Operational Creditor' which was rejected vide email communication dated 03.08.2022, and thereafter the 'Appellant' had resubmitted her 'Claim' under 'Form - C' on 07.08.2022, does not strengthen or substantiate her case as the timelines given under IBC are to be strictly adhered to and any latches on behalf of the 'Appellant' in filing, the 'Claim' under a wrong category cannot be a substantial ground for condoning the delay. Moreover, keeping in view the aforenoted dates, it is clear that the....