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IBC - Highlights / Catch Notes

Home Highlights April 2024 Year 2024 This

Settlement of belated claims - Condonation of delay in filing ...


Tribunal Dismisses Delayed Insolvency Claim Due to Discrepancies and Lack of Records, Upholds Timely Resolution Objective.

April 29, 2024

Case Laws     Insolvency and Bankruptcy     AT

Settlement of belated claims - Condonation of delay in filing the claim - The Tribunal noted discrepancies in the Appellant's documents and the lack of corresponding records in the Corporate Debtor's books. The Tribunal found that these inconsistencies undermined the credibility of the claim. The Tribunal referred to several judgments and provisions under the IBC, reinforcing that claims not included in the resolution plan are considered extinguished upon the plan's approval by the Adjudicating Authority. The Tribunal emphasized that extending the claim submission period beyond the CoC’s approval of the resolution plan contradicts the IBC's objectives of timely resolution. The Tribunal dismissed the appeal.

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