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Judgment
O R D E R
Heard Learned Counsel for the Appellant and Respondent at length.
The Appellant preferred this Company Appeal (AT) (Insolvency) No. 1164 of 2022 under Section 61 of the Insolvency and Bankruptcy Code, 2016 being aggrieved and dissatisfied by the order dated 25.07.2022 passed by National Company Law Tribunal, Kolkata Bench, Kolkata in IA (IBC)/461/(KB)2022 filed in CP (IB)/1617(KB)2019 whereby the said IA (IBC)/461/(KB)2022 seeking direction the liquidator to admit the claim of the applicant, admittedly, the claims were submitted 85 days after the last date that was on 05.12.2021. By which the Adjudicating Authority was rejected the said IA holding that it is not feasible to direct the consideration of any claim at this stage.
The Learned Counsel for the Respondent/Liquidator has filed the Reply Affidavit and Rejoinder by the Appellant, which are taken on record.
Learned Counsel for the Appellant during the course of argument referred to the provisions of Section 36(3)(i) of the Insolvency and Bankruptcy Code, 2016 and submitted that the order impugned passed by the Adjudicating Authority is bad in law, even if the subject matter property is disposed of and all proceeds of liquidation as and when they are realised are to be kept in liquidation estate and when the liquidation has been done is to be distributed the claim in order.
Based on these Submissions, the impugned order is fit to be set aside and the instant Appeal may be allowed.
The Ld. Counsel for the Respondent during the course of argument referred to Para 10 of the Reply Affidavit and submitted that the delay of 85 days in filing the claim and further it is submitted that the Corporate Debtor, Respondent herein has entered into the Supply Agreement dated 24.08.2018 with the Appellant. Further, the Agreement was between the Appellant and Mohan Motor Udyog Pvt. Ltd. a Partnership firm and the Respondent being Mohan Motor Udyog Pvt. Ltd., has nothing to do with the Supply Agreement dated 24.08.2018 and further the claim was filed with a delay of 85 days despite the notice of liquidation being published on the website of the IBBI and sufficient time being granted to all the creditors to file their claim. In view of the fact, the Adjudication Authority has rightly been passed the impugned order.
After hearing the parties and gone through the pleadings made on behalf of the parties, we do not find any merit in the instant Appeal. Therefore, the instant Appeal is dismissed. No order as to costs.