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Judgment
23.09.2024 : This Appeal has been filed against an Order dated 30.08.2024 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi, Court VI), by which Order, the Company Appeal (IBC)/53(ND)/2023 under Section 42 of the Insolvency and Bankruptcy Code, 2016, (for short `The Code’) has been rejected.
The Liquidator in pursuance of the Liquidation commencement has issued advertisement inviting the claim. The last date of submitting the claim was 05.04.2021. Appellant filed the claim belatedly on 21.10.2023, which claim was not verified and rejected by Liquidator against which the Appeal was filed.
The Adjudicating Authority has noticed the submission of the Appellant that Appellant has already initiated proceedings under Section 138 of the Negotiable Instrument Act, 1881, against the Corporate Debtor which proceedings are pending.
We have heard the Counsel for the Appellant and perused the record.
The claim has been filed belatedly after more than two years. We see no reason to interfere with the Order impugned.
We, however, make it clear that rejection of the Claim in the Liquidation shall not have any consequence on the proceeding which has already been initiated under Section 138 of the Negotiable Instrument Act, 1881 by the Appellant.
With these observations, the Appeal is dismissed.