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Gail India Ltd vs Divyesh Desai Liquidator Of Aster ...

National Company Law Appellate Tribunal3 November 2020

Ratio decidendi

The rule this decision rests on

The appellate tribunal reasons that a claim filed after the last date fixed for submission of claims in insolvency proceedings is not saved by a pandemic-related lockdown imposed after that date, since the lockdown could not have impeded filing a claim whose deadline had already passed. A claim filed after the statutory or notified last date for submission, where the delay is not explained by any event occurring before that date, is ex facie barred by limitation and cannot be entertained on the strength of a subsequent event such as a lockdown.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHICompany Appeal (AT) (Insolvency) No. 947 of 2020IN THE MATTER OF:

Gail (India) Ltd. ...Appellant

Versus

Divyesh Desai, Liquidator of Aster Silicates Ltd. ...Respondent

Present: For Appellant: Mr. Varun K. Chopra and Mr. Gurtej Pal, Advocates. For Respondent:

ORDER

(Through Virtual Mode)

03.11.2020: Appellant - 'M/s Gail (India) Ltd.' is aggrieved of rejection of I.A.

No. 295 of 2020 filed by it before the Adjudicating Authority (National Company

Law Tribunal), Ahmedabad Bench, Ahmedabad on the ground that the same was

not maintainable as the claim had been submitted at a belated stage.

2. After hearing Shri Varun Kr. Chopra, Advocate representing the Appellant,

we find that the last date for submission of claim was 31 st October, 2019 whereas

the claim in the instant case was submitted after delay on 22nd May, 2020.

Ground projected for delay i.e. lockdown restrictions imposed in the wake of

outbreak of COVID 19 pandemic is unfounded as the lockdown restriction was

imposed on 23rd March, 2020 i.e. more than four and a half months after the

closing date of submission of claims. Thus the lockdown restrictions could not

Cont'd..../ -2-

be an impediment in filing of claim as contended by the Appellant. That apart,

the Gas Sale Transmission Agreement inter-se the Appellant and the Corporate

Debtor was for the period spanning 1st January, 2011 to 31 st

December, 2015. The claim filed at the belated stage on 22 nd May, 2020 was ex-

facie barred by limitation.

3. There being no legal infirmity in the impugned order, we decline to

interfere. Appeal is accordingly dismissed.

[Justice Bansi Lal Bhat] Acting Chairperson

[Justice Jarat Kumar Jain] Member (Judicial)

[Kanthi Narahari] Member (Technical) am/gc

Company Appeal (AT) (Insolvency) No. 947 of 2020

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