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2022 (3) TMI 1110 - AT - Insolvency and BankruptcyRejection of Claim by Liquidator due to delay in filing of the same - HELD THAT:- It is not in dispute that the last date for submission of the Claims was 28.08.2020 which was specified in the Public Announcement by Liquidation in compliance with Section 38 of the Code read with Regulation 12 of the Liquidation Process Regulations, 2016. Regulation 12(2)(b) provides that ‘the last date for submission or updation of claims, shall be 30 days from the liquidation commencement date’. In the instant case, admittedly the Appellant had preferred their claim on 31.10.2020, after a delay of 64 days. It is the case of the Appellant that the delay was on account of the pandemic situation during which period the Appellant being a Senior Citizen could not contact his counsel and collate the data, apart from not having knowledge of the Liquidation Proceedings. This Tribunal is of the earnest view that the delay in filing the Claim before the Liquidator be condoned as this Tribunal is satisfied that the cause ascribed is reasonable and construes ‘sufficient cause’. Without delving into the merits of the Claim, this Tribunal is of the considered opinion that the Appellant be given an opportunity to present his Claim before the Liquidator within a week from the date of this Order - Appeal allowed. Rejection of Claim of liquidator due to delay in filing of the same - HELD THAT:- The Adjudicating Authority has rejected the prayer on the ground that the Appellant has filed the Appeal against the decision of the Liquidator with a delay of 42 days. Having regard to the reasons cited in Company Appeal (AT) (Insolvency) No. 34 of 2022 and in the Affidavit filed before the Adjudicating Authority, this Tribunal is satisfied that the grounds raised construe ‘sufficient cause’, to condone the delay in filing of the Appeal before the ‘Adjudicating Authority’ - this is a fit case to grant an opportunity to the Appellant herein to file their Claim before the Liquidator within a week from today and the Liquidator shall decide the Admission/Rejection of the Claim on merits, within a week from receipt of the Claim, in accordance with Law. Appeal allowed.
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