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2021 (11) TMI 903 - Tri - Insolvency and BankruptcySeeking necessary instructions to the RP to consider the claim without having any regard to the delay - Resolution plan not approved - HELD THAT:- When we read the old and new regulation 12(2) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 then it can be said that prior to the amendment in regulation 12(2), a claim is required to be filed before the IRP or the RP as the case may be, till the approval of a resolution plan by the committee and that is the reason earlier the Co- ordinate Bench has given directions to the RP to consider the claim in some cases but after the amendment till the approval of the resolution plan by the committee was substituted by on or before the 90th day of the insolvency commencement date. Herein the case in hand, as we notice that the CIRP was initiated on January 27, 2020 and thereafter, the public announcement was made and within the prescribed period no claim was placed by the applicant. We further notice that, in view of the amended regulation 12(2) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016, the claim was not filed within the 90 days of the insolvency commencement date. Due to pandemic the lockdown was imposed by the Government the claim could not be submitted within time. Admittedly, in another matters, we exclude the period of lockdown which was imposed on March 25, 2020 till May 31, 2020, i. e., 68 days, if we exclude this period of lockdown while calculating the period of 90th day from the CIRP period even then the claim of the applicant is delayed because it was submitted on December 23, 2020. In view of regulation 12(2), the prayer of the applicant is not liable to be accepted - Application dismissed.
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