Tribunals and CommissionsDivision Bench(2023) 07 NCLT CK 3413

GAIL (India) Limited vs M/s. Saheli Exports Pvt. Ltd & Anr.

National Company Law Tribunal · Decided on 24 July 2023

HON’BLE JUDGES
Sanjiv Jain, Member (Judicial) · Sameer Kakar, Member (Technical)
RESULT
Dismissed
CASE NUMBER
IA/IBC/265/CHE/2023 in CP(IB)/5/CHE/2021 and IA/IBC/277/CHE/2023 in CP(IB)/5/CHE/2021

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Judgment

8 paragraphs · 210 words

Per: SAMEER KAKAR, MEMBER (TECHNICAL)

IA/IBC/265/CHE/2023 has been filed by GAIL (India) Limited seeking the following prayer:-

“Hence it is prayed that this Hon’ble Tribunal may be pleased to declare rejection of the Claim of the Applicant for a sum of Rs.3,37,96,444/- by the Second Respondent vide e-mails dated 27.07.2022 as illegal and invalid and direct the IRP Second Respondent/IRP to admit said claim and thus render justice.”

2.

IA/IBC/277/CHE/2023 has been filed by GAIL (India) Limited seeking the following prayer:-

“It is therefore prayed that this Hon’ble Tribunal may be pleased to condone the delay of 80 days in filing IA(IBC)/265(CHE)/2023 in CP/5/2021 and condone delay of 9 days in lodging claim before the 2nd Respondent and thus render justice.”

3.

It is seen that the IA(IBC)/277(CHE)/2023 has been filed by the Applicant herein to condone the delay of nine days in filing the claim before the IRP.

4.

As we have already ordered for liquidation of the Corporate Debtor vide order dated 24.07.2023 in IA/IBC/366/CHE/2023, the Applicant herein has to file a fresh claim with the Liquidator of the Corporate Debtor. No purpose will be served at the admission stage if the RP admits the same. The Application has become infructuous.

5.

Accordingly, IA/IBC/277/CHE/2023 and IA/IBC/265/CHE/2023 stands dismissed.