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Judgment
06.01.2026: This appeal has been filed against an order dated 26.11.2025 by which I.A. No. 5733/ND/2025 filed by the appellant has been dismissed.
The Corporate Insolvency Resolution Process (CIRP) against the corporate debtor commenced on 03.08.2018 and public announcement was made on 13.08.2018. Last date for submission of the claim was 25.08.2018, the resolution plan was approved on 09.05.2019 and the same was pending consideration before the adjudicating authority and has been remitted back to the Committee of Creditors (CoC) for reconsideration on 20.08.2025. Appellant filed its claim on 15.11.2025 and the Resolution Professional (RP) having not admitted the claim, an I.A. was filed which has been rejected.
Learned counsel for the appellant submits that the appellant was not aware of the initiation of the CIRP and further he was not sent any communication by the RP, hence the delay caused was 2637 days in filing of the claim.
Learned counsel for the respondent submits that the regulation which require the communication has been amended in the year 2023 only, whereas, publication was made in the year 2018 and it was more than after 6 years the claim has been filed by the appellant, whereas, plan was approved in the year 2019 and is pending reconsideration under the orders of the adjudicating authority.
We have considered the submissions of the counsel for the parties and perused the records.
It is an admitted fact that claim was filed after more than 6 years from last date of submission of the claim and further more than 5 years from the date when the plan was initially approved by the CoC. In such circumstances, adjudicating authority did not commit any error rejecting the application filed by the appellant to accept the claim.
We do not find any error in the order. Appeal is dismissed.