J N Arora Trading Company vs Shri Ashok Kriplani Rp Of Nibula Print ...

J N Arora Trading Company ...Appellant

Versus

Ashok Kriplani, Resolution Professional Of Nibula Print and Pack Pvt. Ltd. ...Respondent

Present: For Appellant: Mr. Manubhav Anand and Mr. Abu John Mathew, Advocates. For Respondent: Mr. Ashok Kriplani, RP in person.

ORDER

(Virtual Mode)

14.12.2021: Heard Learned Counsel for the Appellant. This Appeal has

been filed against order dated 27.10.2021, by which the Adjudicating Authority

(National Company Law Tribunal), Bench-II, New Delhi has rejected the

application filed by the Appellant.

2. CIRP proceedings were initiated against the Corporate Debtor by order

dated 11.12.2018. Public Announcement was made by the Resolution

Professional inviting the claims on 17.12.2018. The Adjudicating Authority

allowed the application filed for extension of CIRP period for another 90 days.

Subsequently, the Committee of Creditors approved the Resolution Plan on

09.11.2019. The Appellant filed his claim on 29.10.2020 i.e. much after the

approval of the Resolution Plan. The Resolution Professional refused to accept

Cont'd....../ -2-

the claim of the Appellant. Appellant filed an application before the Adjudicating

Authority, which has been rejected.

3. Learned Counsel for the Appellant submits that Appellant can submit its

claim till the Resolution Plan is approved by the Adjudicating Authority. We do

not find any substance in above submission of Learned Counsel of the Appellant.

He further submits that with regard to certain claims Resolution Professional

himself has requested to Adjudicating Authority to accept belatedly. He has

referred to an order passed by the Adjudicating Authority regarding consideration

of Government claims. With regard to Government claims there is different

obligation of the Resolution Professional and to fulfil the said obligation in event

he has made request to the Adjudicating Authority, we see that no parity can be

claimed by the Appellant with regard to such an order. It is also apparent from

the record that Appellant has submitted his proof of claim only on 12.08.2021.

In view of the aforesaid, no error has been committed by the Adjudicating

Authority in rejecting such claim. We do not find any merit in this Appeal. The

Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Justice Jarat Kumar Jain] Member (Judicial)

[Dr. Alok Srivastava] Member (Technical) Archana/nn.

Company Appeal (AT) (Insolvency) No. 1036 of 2021