Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + Tri Insolvency and Bankruptcy - 2019 (3) TMI Tri This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1746 - Tri - Insolvency and BankruptcyDirection to resolution professional to accept the claim of the applicant to the tune of ₹ 61,40,606.34 being full and final settlement - section 60(5) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- Counsel for resolution professional/liquidator contended that since the Tribunal passed liquidation order against the corporate debtor company, the applicant has to file separate claim before the liquidator. The applicant has a right during liquidation to present any claim before the liquidator. Counsel for the applicant has no objection if such a direction is given to the applicant to file the claim before the liquidator. It is also further brought to the notice of the Tribunal that liquidator had issued public notice calling for claims. It is true this Tribunal passed liquidation order against the corporate debtor. This application is filed during CIRP. Since liquidation order is passed and liquidator is appointed, therefore the applicant has to file its claim before the liquidator as per provisions of the Code dealing with liquidation. Application disposed off.
|