Tribunals and CommissionsSingle Bench(2019) 05 NCLT CK 3034

M/S. Sreerampur Ispat Private Limited vs Barjora Steel & Re-Rolling Mills Private Limited

National Company Law Tribunal, Kolkata Bench · Decided on 14 May 2019

HON’BLE JUDGES
Jinan K.R., Member (Judicial)
CASE NUMBER
C.A. (IB) No. 844/KB/2018 in C.P. (IB) No. 175/KB/2017

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Judgment

8 paragraphs · 269 words

Per Shri Jinan K.R, Member (Judicial)

1.

This is an application filed by One of the Operational Creditors of the Corporate Debtor claiming that its claim to the tune of Rs. 3,48,44,290/- has not been admitted by the Liquidator and prays for issuing direction to the Liquidator to consider and include the claim of the applicant.

2.

Pending this application the very same applicant has filed one another CA as CA(IB) 274/KB/2019 challenging the order of rejection of the claim of the applicant submitted to the Liquidator.

3.

This application was heard along with the C.A. (IB) No. 274/KB/2019. In reply to this application the Ld. Liquidator submits that the applicant's claim was received by him on 26th May, 2018 and since the applicant has submitted his claim beyond the period of limitation as per Section 38(1) of the Code the claim has been rejected and it has been intimated to the applicant by way of e-mail.

4.

Upon hearing the arguments submitted on the side of the Applicant as well as on the side of the Liquidator and being satisfied that order of rejection has been sent by the Ld. Liquidator to the Registered e-mail published in the master data, the allegation of non consideration of claim by the Liquidator is found devoid of any merit. Accordingly this application requires no further consideration and liable to be dismissed.

5.

The C.A. (IB) No. 844/KB/2018 is disposed off accordingly.

6.

There is no order as to costs.

7.

Urgent certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.