Gpr Power Solutions Private Limited vs Mr. Supriyo Chaudhuri (Rp Of Rohit Ferro ...

GPR Power Solutions Pvt. Ltd. ....Appellant Through Mr. S. Damodaran, CEO of Appellant (Operational Creditor) Having its registered office at No. 76 2nd Main Road, Extn - V, VGN Mahalakshmi Nagar, Thiruverkadu, Chennai - 600077 Vs. 1. Mr. Supriyo Chaudhuri (RP of Rohit Ferro Tech Ltd.) Having at C/O BDO India LLP, 4th Floor, Duckback House, 41, Shakespeare Sarani, Kolkata - 700017 ..Respondent No. 1

2. State Bank of India (Financial Creditor) At state Bank Bhavan Madam Cama Raod, Nariman Point, Mumbai ..Respondent No. 2 Maharashtra - 400021

3. Rohit Ferro Tech Ltd. (Corporate Debtor) Having its registered office At 35, Chittranjan Avenue, ..Respondent No. 3 Kolkata - 700012

4. TATA Steel Mining Limited (Resolution Applicant) Having its Registered Office Plot No. N-3/24, IRC Village, Nayapalli, Bhubaneshwar ..Respondent No. 4 Odisha - 751015

For Appellant: Mr. Rajesh Pathak, Advocae

For Respondent: Mr. Indranil Ghosh, Mr. Palzer Moktan, Ms. Swati Dalmia, Ms. Ojasa Arya, Mr. Orijit Chatterjee, Advocates for R-1. 2

Mr. Soorjya Ganguli, Ms. Pooja Chakrabarti, Ms. Kiran Sharma, Advocates for R-4.

ORDER

(Virtual Mode)

15.09.2021: This Appeal has been filed by the Appellant-GRP Power

Solutions Private Limited being aggrieved and dissatisfied by the Order dated

09th July, 2021 passed by the Adjudicating Authority (National Company Law

Tribunal, Kolkata Bench, Kolkata) in IA/344(KB)2021 in CP(IB)/1214(KB)2018

whereby and whereunder the Ld. Adjudicating Authority has dismissed the

application IA/344(KB)2021 filed by the Applicant (Appellant herein) seeking

condonation of delay in filing its claim with the Resolution Professional.

2. The Learned Counsel for the Appellant submits that he had filed his claim

to the Resolution Professional on 19th December, 2020 and on 14th January,

2021, the Appellant came to know the rejection of his claim through email by the

Resolution Professional.

3. Learned Counsel for the Appellant is challenging the Impugned order and

referring that the CIRP commenced against the Corporate Debtor, in terms of the

Order dated 7th February, 2020. Further the Public Advertisement inviting

claims was issued on 11th February, 2020 and the last date for filing of claims

was 21st February, 2020. The 90 days' period for filing of the claims in terms of

Regulation 12(2) of the CIRP Regulations ended on 11th May, 2021.

4. Learned Counsel for the Appellant submits that he came to know about

the CIRP only on 27th November, 2020 when he made enquiry before the Hon'ble Company Appeal (AT) (Ins.) No. 743 of 2021 3

District Judge at Alipore and immediately submitted his claim on 19th December,

2020. Further, it is stated that CEO of the Applicant is stated to be 72 years old

and he was working from home due to covid-19 situation.

5. Ld. Adjudicating Authority heard Learned Counsel for the Applicant and

considered all his facts and also taken note of the fact that the Resolution Plan

has been approved by Committee of Creditors on 05th June, 2021 and at this

late stage, allowing the claim of the Applicant, will not only cause grave prejudice

to the completion of the CIRP but it will also be unfair to other creditors, who

could not have filed their claim before the stipulated date and on this ground the

Ld. Adjudicating Authority dismissed the application.

6. Having heard Learned Counsel for the Appellant and Respondent and

perusing the Impugned Order, there is no ground for interference in the

Impugned Order passed by the Ld. Adjudicating Authority.

The Appeal stands dismissed, accordingly.

[Justice Anant Bijay Singh] Member (Judicial)

[Ms. Shreesha Merla] Member (Technical)

Basant/Kam

Company Appeal (AT) (Ins.) No. 743 of 2021