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2020 (10) TMI 223 - Tri - Insolvency and BankruptcyMaintainability of claim of applicant filed against Corporate Debtor -enlisting the Applicant in the list of Operational Creditor or Corporate Debtor - claim was made after CIRP period of 270 days got over - HELD THAT:- We are unable to accept the contentions of the Counsel for the Applicant that Resolution Professional is bound to send notice to the Creditors requiring them to file their claim. In fact, it is the responsibility of the creditor concerned to file claim within the time after the issue of public notice inviting claims by the Resolution Professional. In this regard, Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Regulation Process for Corporate Person) Regulation, 2016 provides that the Insolvency Professional shall make public announcement in “Form-A” within 3 days from date of his appointment as IRP, inviting claims from the public and the claimant should file claim within the stipulated time. Admittedly, in this case the Applicant has filed claim after the completion of CIRP period of 270 days and also the after the approval of the Resolution Plan by this Tribunal. The Counsel for the RP submits that the Applicant has filed the claim after a long delay that too after the approval of the Resolution Plan and in these circumstances the Application cannot be entertained by this Tribunal. Application not maintainable and is dismissed.
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