Home Case Index All Cases Insolvency and Bankruptcy Insolvency and Bankruptcy + AT Insolvency and Bankruptcy - 2022 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (4) TMI 263 - AT - Insolvency and BankruptcyMaintainability of claim against Corporate Debtor or not - rejection of the claim by the Liquidator - Section 61 of the Insolvency and Bankruptcy Code, 2016 - HELD THAT:- It is an admitted fact that the Appellant did not file any claim during the Corporate Insolvency Resolution Process only after receipt of S3G demand notice, the Appellant filed its claim form (Form ‘C’) as the Operational Creditor of the Respondent. The Insolvency and Bankruptcy Code stipulates a time bound Resolution Process. Keeping in view the ratio of the Judgment passed by Hon’ble Supreme Court in the case of “Ebix Singapore (P) Ltd. Vs. Educomp Solutions Ltd. (CoC), [2021 (9) TMI 672 - SUPREME COURT], it can be held that in the absence of filing of the claim within the stipulated time, the Appellant now cannot seek realisation of the claim amounts at this belated stage. Appeal dismissed.
|