Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Late financial creditor claim under IBC s.60(5) after CIRP progress, refusal to reopen after plan approval; appeal dismissed

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Issue was whether a creditor could, through an application under s.60(5) IBC, revive a rejected financial claim filed beyond the stipulated period and challenge the rejection after substantial progress of CIRP. Although the record showed acknowledgment of liability in the corporate debtor's balance sheets and emails, and even admissions by a promoter/personal guarantor in parallel insolvency proceedings, the challenge to the RP's rejection was raised nearly a year later, by which time the CoC had approved a resolution plan awaiting adjudication. Reopening or restarting CIRP at that stage was held impermissible; the appeal was dismissed. - NCLAT....