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2019 (9) TMI 1434 - Tri - Insolvency and BankruptcyCondonation of the delay in filing claim - main contention of the Learned Counsel for Applicant that Resolution Professional simply rejected the claim of Applicant on the ground that the same was filed before him beyond the time prescribed under Regulation 12 (2) of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 - section 60 (5) of the Insolvency and Bankruptcy Code, 2016 read with rule 11 of NCLT Rules - HELD THAT:- It is an undisputed fact that Applicant filed separate petition against the Corporate Debtor under Section 9 of IBC. When the said petition was pending, the petition filed by Financial Creditors against the Corporate Debtor was admitted on 09.11.2018 and CIRP commenced from 09.11.2018. The Applicant had withdrawn the petition filed against Corporate Debtor under Section 9 of IBC, 2016 on the ground, CIRP already started against the Corporate Debtor and Applicant made the claim before the IRP/RP. It is true, claim was made beyond 90 days. However, Applicant already moved the Tribunal by filing a petition under Section 9 of IBC, 2016 against the Corporate Debtor for initiating CIRP when this matter was pending. Even after commencement of CIRP against the Corporate Debtor, the case of Applicant is that it was not aware of initiation of CIRP against Respondent No. 1 / Corporate Debtor. The Applicant allegedly came to know in March 2019 that CIRP started against the Corporate Debtor - therefore, it had withdrawn the Petition and made a claim before the Resolution Professional. The crucial time which is to be taken is the date on which the Applicant filed the claim before the Resolution Professional. The claim was made on 15.04.2019 as per the Resolution Professional. By then, the Resolution Plan was not approved by the CoC and CIRP was pending. When such is the case, the Resolution Professional ought to have considered the claim without rejecting the claim on the ground that it was filed beyond 90 days - In this case, the Applicant already moved the Tribunal under Section 9 of IBC to initiate CIRP against the Corporate Debtor. Secondly, the Applicant had withdrawn the Petition since CIRP started against Corporate Debtor. In this case the Applicant made the claim on 14.05.2019 before the Resolution Professional when CIRP process was pending. No resolution plan was approved by then. So, on these grounds, delay in filing the claim can be condoned and direction can be given to the Resolution Professional to consider the claim on its merits and take a decision. Application disposed off.
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