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TMI Blog2023 (5) TMI 1320X X X X Extracts X X X X X X X X Extracts X X X X ..... 'Impugned Order' dated 29.05.2023 in I.A. No. 1589 of 2022 in C.P.(IB) No. 75 of 2021, whereby the Tribunal/'Adjudicating Authority' has dismissed the said Application filed by the 'Appellant'/'Applicant' herein seeking Condonation of Delay of 49 days in filing of the 'Claim under 'Form - C'. 2. Facts in brief are that I.A. (IBC)/1589 (CHE)/2022 in C.P. (IB)/75/CHE/2021 was filed by the 'Applicant'/'Appellant' seeking Condonation of Delay of 49 days in filing of the 'Claim' before the Respondent and for acceptance of the 'Claim'. The Corporate Insolvency Resolution Process ('CIRP') of the 'Corporate Debtor' was initiated on 21.03.2022 and the publi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of money' and therefore falls within the ambit of 'Financial Debt'. It is also submitted that the delay of 49 days in filing a 'Claim' as a 'Financial Creditor' is neither willful nor wanton. It is argued by the Learned Counsel that the 'Adjudicating Authority' did not take into consideration the legal arguments of the 'Appellant' and was prejudiced by the Respondents' arguments that the 'Appellant' had colluded with the suspended Directors of the 'Corporate Debtor'. It is also contended that the 'Adjudicating Authority' did not address to the merits of the matter and has erroneously relied upon 'Esha Bhattacharjee' (Supra), wherein there was almost 7 years del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t any proof was filed before the RP on 07.08.2022, which is the 139th day of commencement of CIRP and therefore the actual days of delay in submitting a 'Claim' is 125 days and the actual days of delay in approaching the 'Adjudicating Authority' is 225 days. It is submitted that the 'Appellant' has erroneously relied on the Judgement of the Hon'ble Apex Court in 'State Tax Officer (1)' Vs. 'Rainbow Papers Ltd as that case relates to State Tax Claims under Gujarat VAT Act and the Sales Tax Dues were to be treated as dues of a Secured Creditor instead of an Unsecured Creditor. It is submitted that all the decisions relied upon by the Counsel for the 'Appellant' are not relevant to the facts of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sel for the 'Appellant' that it was initially filed under 'Form - B' as an 'Operational Creditor' which was rejected vide email communication dated 03.08.2022, and thereafter the 'Appellant' had resubmitted her 'Claim' under 'Form - C' on 07.08.2022, does not strengthen or substantiate her case as the timelines given under IBC are to be strictly adhered to and any latches on behalf of the 'Appellant' in filing, the 'Claim' under a wrong category cannot be a substantial ground for condoning the delay. Moreover, keeping in view the aforenoted dates, it is clear that the actual time period of delay in submitting the 'Claim Form' is 125 days. It is also significant to menti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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