Gail India Ltd vs Divyesh Desai Liquidator Of Aster ...
- CitationCompany Appeal (AT) (Insolvency) No. 947 of 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
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
This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.
Research this judgment with Miss Lucy
Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.
Try Miss Lucy free