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Judgment
Per: ANIL KUMAR B, MEMBER (TECHNICAL)
The application under consideration is filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 read with Rule 11 of the National Company Law Tribunal Rules, 2016 by the Applicant seeking relief as follows:
To direct the Respondent/Resolution Professional to accept the claim of the Applicant
To pass such further orders or directions as deemed fit and proper by this Hon'ble Bench in the Interest of Justice.
Before venturing into the facts of the present case, it is seen that the Corporate Debtor is admitted into Liquidation vide order dated 20.06.2022 by this Adjudicating Authority. At this Juncture, we are inclined to direct the Applicant herein to take its claim afresh before the Liquidator of the Corporate Debtor in accordance with Section 38 of the Insolvency and Bankruptcy Code, 2016 within a period of 2 weeks from the date of this order. Accordingly, the Liquidator of the Corporate Debtor is directed to consider the claim on merits and if the same is rejected by the Liquidator the applicant is set at liberty to approach this Adjudicating Authority under the relevant provisions of the Act. Hence, the prayer as sought in the present Application becomes infructuous and accordingly IA/1264/2020 stands dismissed. No order as to costs.