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2021 (2) TMI 1365 - AT - Insolvency and BankruptcyRefusal to accept the application of Appellant seeking modification of order dated 19th July, 2018 - direction in the name of Resolution Professional to abide the terms and conditions of four work orders - direction to not take charge or control of the current account operated by the AppellantCIRP being at an advanced stage and liquidator having been appointed - HELD THAT:- It is opined that the appeal can be disposed off without issuing notice to Respondents - the notice is dispensed with - Since a liquidator has been appointed, under provisions of Section 38 of the Insolvency and Bankruptcy Code, 2016 (I&B Code) it is enjoined upon the liquidator to receive and collect the claims of the creditors within a period of 30 days from the date of commencement of liquidation process. The liquidator, being a quasi-judicial authority, is empowered to admit or reject the claim, in whole or in part and such determination is subjected to appeal under the provisions embodied in Section 42 of the I&B Code. The appeal lies to the Adjudicating Authority i.e. NCLT. In view of these statutory provisions, there is no difficulty in holding that the Appellant would not be precluded from filing its claim before the liquidator. The impugned order cannot be construed to curtail or prejudicially affect this statutory right. In fact, the Adjudicating Authority itself has observed that the Appellant would be entitled to lodge his claim before the Competent Court/ Authority. The impugned order need not be interfered with, which does not suffer from any legal infirmity - this appeal is disposed off in the light of foregoing observations giving liberty to the Appellant to approach the liquidator with its claim within one week from today.
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