Tribunals and CommissionsFull Bench(2022) 05 NCLAT CK 0056

Deputy Commissioner Customs Division, Jamnagar vs Gujarat NRE Coke Ltd. & Anr

National Company Law Appellate Tribunal · Decided on 20 May 2022

HON’BLE JUDGES
Ashok Bhushan, Chairperson · Shreesha Merla, Member (T) · Naresh Salecha, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Insolvency) No. 511 Of 2022

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Judgment

5 paragraphs · 211 words
1.

Heard learned counsel for the Appellant. This Appeal has been filed against order of the Adjudicating Authority (National Company Law Tribunal) Kolkata Bench, Kolkata dated 18.11.2021 by which order the application filed by the Applicant/ Appellant for condonation of delay of 1010 days in filing of claim has been rejected.

2.

CIRP against the Corporate Debtor was initiated on 07.04.2017.  The order for liquidation was passed on 11.01.2018. Thereafter, a claim on behalf of the Appellant was submitted on 18.11.2020 which was not accepted by the Liquidator, hence, an application was filed before the Adjudicating Authority which came to be rejected.

3.

Learned counsel for the Appellant submits that delay was not of 1010 days but it was for about 700 and some odd days. Be that as it may. The order of liquidation was passed long ago i.e. on 11.01.2018 and CIRP was initiated in the year 2017.

4.

Learned counsel for the Appellant after obtaining instructions submits that further in the liquidation proceedings the Liquidator has already disposed of several properties of the Corporate Debtor.

5.

We do not find any error in the order of the Adjudicating Authority rejecting the Application at such belated stage. We see no reason to entertain this Appeal. The Appeal is dismissed.