Deputy Commissioner Customs vs M/S Gujarat Nre Coke Limited @ Anr

Deputy Commissioner Customs Division, Jamnagar ...Appellant

Versus

Gujarat NRE Coke Ltd. & Anr. ...Respondents

Present: For Appellant: Ms. Arunima Dwivedi, Advocate. For Respondents: Mr. Siddharth Sharma and Mr. Arjun Asthana, Advocates for R-2 (Liquidator)

ORDER

(Virtual Mode)

20.05.2022: Heard learned counsel for the Appellant. This Appeal has

been filed against order of the Adjudicating Authority (National Company Law

Tribunal) Kolkata Bench, Kolkata dated 18.11.2021 by which order the

application filed by the Applicant/ Appellant for condonation of delay of 1010

days in filing of claim has been rejected.

2. CIRP against the Corporate Debtor was initiated on 07.04.2017. The

order for liquidation was passed on 11.01.2018. Thereafter, a claim on behalf

of the Appellant was submitted on 18.11.2020 which was not accepted by the

Liquidator, hence, an application was filed before the Adjudicating Authority

which came to be rejected.

3. Learned counsel for the Appellant submits that delay was not of 1010

days but it was for about 700 and some odd days. Be that as it may. The

order of liquidation was passed long ago i.e. on 11.01.2018 and CIRP was

initiated in the year 2017.

Cont'd..../ 2

4. Learned counsel for the Appellant after obtaining instructions submits

that further in the liquidation proceedings the Liquidator has already disposed

of several properties of the Corporate Debtor.

5. We do not find any error in the order of the Adjudicating Authority

rejecting the Application at such belated stage. We see no reason to entertain

this Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Shreesha Merla] Member (Technical)

[Naresh Salecha] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 511 of 2022