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2021 (9) TMI 1430 - AT - Insolvency and BankruptcySeeking direction to the IRP to accept the claims submitted by the Applicant - Operational Creditor, inadvertently, in Form-C mis-typed as a Financial Creditor - time limitation on filing claims - Section 60(5) of IBC r/w Rule 11 of NCLT Rules, 2016 - HELD THAT:- It is an admitted fact that the last date for submissions of claims was 04.12.2019, however, the Appellant has filed his claim on 12.12.2020 i.e delay of 374 days. The Appellant in any case cannot get the advantage of the Judgment of Hon’ble Supreme Court in IN RE COGNIZANCE FOR EXTENSION OF LIMITATION [2021 (5) TMI 564 - SC ORDER] as prescribed period has already been expired on 04.12.2019 for submitting the claim. In the impugned order, it is mentioned that the CIRP is at the stage of about to end. Ld. Adjudicating Authority has also mentioned that if the Appellant’s claims is directed to consider at belated stage it will not only be unfair to the other creditors who could not file their claim with the RP because of the delay but would also dilute the purpose of publication of Form-A. CIRP is a time bound process and if the Adjudicating Authority sets the clock back, it would certainly go against main objective of the Code. There are no ground to admit this Appeal. Therefore, the Appeal is dismissed summarily without notice to the other side.
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