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2021 (6) TMI 282 - Tri - Insolvency and BankruptcySeeking direction to Respondent to consider the claim filed by the Applicant - rejection on ground that the same was submitted way beyond the period of ninety days from the initiation of CIRP - Approval of Resolution Plan - HELD THAT:- The present application was filed on 27.01.2021 and the Resolution Plan was approved by the CoC on 26.02.2021. An application for approval of the Resolution Plan has also been filed by the RP and the same is pending consideration by this Adjudicating Authority - Although, the present application had been filed before the approval of Resolution Plan by the CoC and before the Respondent rejected the claim, and although, the Respondent is at fault for having not replied to the email by the Applicant herein within reasonable time, the Applicant also does not seem to have put in any reminder or follow up with the RP regarding its claim after submitting it. Further, the claim by other two Applicants named hereinbefore, i.e., Dhandhania Brothers Private Limited and RD Fan Limited filed with the RP on 24.12.2020 had also been rejected by the RP on 26.12.2020, had the RP not mistaken Applicant's e-mail to be a repetition of claim as aforesaid, he would have, in all probability, rejected the Applicant's claim too on the same ground that it was filed beyond the stipulated time period. The CIRP is a time-bound process and if the Adjudicating Authority sets the clock back for the reason that the Applicant was not diligent enough in pursuing its claim, it would certainly go against the main objective of the Code - It is wrong on the part of the Applicant to submit that the RP has himself caused unnecessary delay in consideration of the claim of the Applicant, that had been filed even before the Resolution Plan was received by the RP. The Applicant had filed the claim on 24.12.2020 and the RP had responded to it on 26.12.2020. Since it is not in the powers of the RP to condone the delay, it was Applicant's duty to approach this Adjudicating Authority within reasonable time, especially in a case where the claim with the RP had been submitted by the Applicant's Advocate. While this Adjudicating Authority appreciates the submission of the Applicant that the timeline is only directory and not mandatory, it cannot mean that the directory provision of the Code can be used to contravene the objective of the Code - Application dismissed.
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