Mrs Anju Jain vs Cma Sandeep Goel Liquidator Of One World ...
- CitationCompany Appeal (AT) (Insolvency) No. 1847 of 2024
Ratio decidendi
The rule this decision rests on
The appellate tribunal affirmed the rejection of a belated creditor claim in liquidation, holding that a claim filed after the date fixed by the liquidator's public advertisement, without sufficient reason for the delay, may properly be rejected, and that such rejection in liquidation does not extinguish or prejudice the creditor's independent proceedings under Section 138 of the Negotiable Instruments Act, 1881 against the corporate debtor.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Anju Jain ...Appellant Versus CMA Sandeep Goel, Liquidator of One World Travel Solutions ...Respondent
Present: For Appellant : Mr. Hitesh Sachar, Mr. Dev Inder Singh, Advocates.
For Respondent :
ORDER
(Hybrid Mode)
23.09.2024 : This Appeal has been filed against an Order dated
30.08.2024 passed by the Adjudicating Authority (National Company Law
Tribunal, New Delhi, Court VI), by which Order, the Company Appeal
(IBC)/53(ND)/2023 under Section 42 of the Insolvency and Bankruptcy Code,
2016, (for short `The Code') has been rejected.
2. The Liquidator in pursuance of the Liquidation commencement has
issued advertisement inviting the claim. The last date of submitting the claim
was 05.04.2021. Appellant filed the claim belatedly on 21.10.2023, which
claim was not verified and rejected by Liquidator against which the Appeal
was filed.
3. The Adjudicating Authority has noticed the submission of the Appellant
that Appellant has already initiated proceedings under Section 138 of the
Negotiable Instrument Act, 1881, against the Corporate Debtor which
proceedings are pending.
4. We have heard the Counsel for the Appellant and perused the record.
5. The claim has been filed belatedly after more than two years. We see
no reason to interfere with the Order impugned.
6. We, however, make it clear that rejection of the Claim in the Liquidation
shall not have any consequence on the proceeding which has already been
initiated under Section 138 of the Negotiable Instrument Act, 1881 by the
Appellant.
With these observations, the Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 1847 of 2024 2 of 2
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