2020 (2) TMI 1714

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.... Yash Tondon, Advocate For RP: Ram Kumar Mishra, PCMA ORDER Rajesh Dayal Khare, J. (Member (J)) 1. The present application has been filed by the applicants under Section 60(5) of the IBC, 2016 against the rejection of the claim made before the Resolution Professional rejected solely on the ground of delay. 2. It is stated that i.e. 18th November, 2019 was the last date for filling t....

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....uly filled Form CA along with all proofs of claim to the RP and RP vide email dated 13.12.219 rejected the claim only on ground of delay. 4. Learned PCS appearing for the RP contented that the claim has been rejected only on such reason that it was received belatedly on 4th December, 2019, after approval of the Resolution Plan by COC and even after the expiry of CIRP period i.e. on 13th Novembe....

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....ient reason for the delay and when the liquidation process is still going on. It is also submitted that the timeline under Regulation 12 (2) has been held to be directory and RP cannot reject the claim solely on the ground of delay. 7. In view of the facts of the case on hand and of the judgments referred, this adjudicating Authority is of the view that it is a settled law that the claim cannot....