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Tribunals and CommissionsDivision Bench(2022) 10 NCLT CK 0016

Department of State Tax through the Deputy Commissioner of State Tax vs RP Oracle Home Textiles Ltd

National Company Law Tribunal · Decided on 10 October 2022

HON’BLE JUDGES
P. N. Deshmukh (Retd.), Member (J) · Shyam Babu Gautam, Member (T)
RESULT
Disposed Of
CASE NUMBER
IA 417, 346, 2882 Of 2022, 797, 1452, 1674 Of 2021, 1967, 2195, 2275, 2311 Of 2020, 1842/(MB) Of 2018

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Judgment

3 paragraphs · 291 words

The matter is taken up through Virtual Hearing (VC).

IA No. 2882/2022 – The present application is filed by Resolution Professional Mr. Jitendra Kumar Yadav seeking preponement of date of IA Nos. 1205/2022, 2029/2021, 1875/2021, 1355/2021 from 14.10.2022 to any other earlier date. Counsel appearing for the applicant submits that on 14.10.2022 several other pending IAs are listed for hearing therefore, it is difficult for this Bench to consider or decide the above mentioned IAs’ and hence seeking preponement of date for early hearing. Request of the applicant for preponement of date for earlier hearing stands dismissed as above-mentioned IA’s are already listed on 14.10.2022 hence, there is no point for ordering preponement of the date. With the aforesaid observations IA No. 2882/2022 is misconceived and devoid of merits, hence the same is dismissed. Matter shall be heard on the adjourned dated i.e. on 14.10.2022.

IA No. 346/2022 – The present application is filed by Department of State Tax seeking condonation of the delay in filing claim of the applicant. Counsel representing for the Department of State Tax submits that there is delay in filing the claim of the applicant because advertisement for inviting the claim from the creditor of the corporate debtor was published on 11.08.2018 and in that deadline for submitting the claim was 23.08.2018. However, the Department of State Tax filed the claim on 12.03.2021 which is an inordinate delay on the part of the applicant in filing claim before the IRP. Be that as it may, the above delay if any is condoned. The RP is directed to verify the claim of applicant in terms of Section 53 of the Insolvency & Bankruptcy Code, 2016. With the aforesaid observations IA No. 346/2022 is allowed and disposed of.