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2019 (10) TMI 375

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..... otherwise, the cause shown in filing the appeal with the delay of 175 days does not appear to be a sufficient for seeking condonation of delay, as no medical certificate of any ailment is placed on record. The reasons given are general in nature and not supported with any documentary evidence. Therefore, no case is made out for condonation of delay of 175 days in filing the appeal under the Provisions of Section 42 of the I&B Code, 2016. The rejection of claim stand dismissed. - MA/259/2019 And MA/260/2019 filed in TCP/413/(IB)CB/2017 - Dated:- 10-7-2019 - CH. MOHD. SHARIEF TARIQ, MEMBER (JUDICIAL) For The Applicant : Mr S. Kannam For The Respondent/Liquidator : Mr Vasudevan For The Liqidator : Mr. K Moorthy ORDER CH. MOHD. SHARIEF TARI .....

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..... tely on recovery from the ill-health, the Applicant approached the Counsel, who advised him to make an Application to this Tribunal for reviewing the unjust and unlawful decision of the Respondent/Liquidator and this appeal is filed after lapse of 175 days and prayed to condone the delay on the said ground(s). 6. In the reply, the Liquidator for the Company has stated that the Books of the Corporate Debtor show an amount of ₹ 10,91,970/- as due and payable to the Applicant as reflected from the ASP accounting package available with the Corporate Debtor. However, the last demand made by the Applicant was on 03.09.2013, as per the e-mail communication sent by him to the Corporate Debtor. The Liquidator has submitted that the claim filed .....

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..... sions of Section 42 of the IBC, 2016, stipulate that a Creditor may appeal to the Adjudicating Authority against the decision of the Liquidator either accepting or rejecting the claim within 14 days of receipt of the decision. The time period fixed appears to be mandatory for filing the appeal, and therefore the delay of 175 days cannot be condoned. Even otherwise, the cause shown in filing the appeal with the delay of 175 days does not appear to be a sufficient for seeking condonation of delay, as no medical certificate of any ailment is placed on record. The reasons given are general in nature and not supported with any documentary evidence. Therefore, no case is made out for condonation of delay of 175 days in filing the appeal under the .....

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