Sar Parivahan Private Limited vs Hindustan Paper Corporation Limited

Sar Parivahan Pvt. Ltd. ....Appellant Vs. Hindustan Paper Corporation Ltd. ...Respondent For Appellant: Mr. Nishant Kumar, Mr. Animesh Kumar, Ms. Shweta Singh, Mr. Rishabh Gupta, Advocates. For Respondent: Mr. Rahul Sharma, Advocate for Liquidator

ORDER

(Through Virtual Mode)

08.03.2022: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order dated 22.10.2021 passed

by the Adjudicating Authority (National Company Law Tribunal), New Delhi,

Court-II, by which the Appeal filed by the Appellant under Section 42 of the

Insolvency and Bankruptcy Code, 2016 ("Code" for short) has been rejected as

barred by time. Before the Liquidator, the Appellant has filed his claim for an

amount of Rs. 1,09,32,838/-. Liquidator on 19.08.2019 has communicated

that his claim to the extent of Rs. 67,78,450/- is admitted. It was also noticed

in the e-mail that as per the confirmation from the Corporate Debtor, the

payable amount is only Rs. 66,42,796/-. After the aforesaid order, the list of

stakeholders was uploaded on 21.07.2020. The Appellant filed an Appeal

under Section 42 of the Code on 20.09.2021. The Appeal came to be dismissed

by the Adjudicating Authority on the ground that the Appeal ought to have 2

been filed within 14 days as per Section 42 and Appeal is beyond time and is

rejected.

3. Learned Counsel for the Appellant submits that in the Memorandum of

Appeal, which he has filed, he has referred to both the orders dated

19.08.2019 and 21.07.2020 when the list of stakeholders was uploaded. He

further submits that the communication of the Liquidator was not final since

he has communicated that the Corporate Debtor has intimated that his

amount is Rs. 66,42,796/-. He submits that due to the above, his Appeal is

not barred by time. He has placed reliance on the judgment of the Hon'ble

Supreme Court in Suo Moto Writ Petition (Civil) No. 03 of 2020.

4. We have considered the submissions of the Learned Counsel for the

Appellant and perused the record.

5. The communication which was made by the Liquidator on 19.08.2019

in response to the claim of the Appellant is as follows:-

"Dear Sir,

We are in receipt of your letter dated 08.08.2019 regarding admission of claim amount of Rs. 1,09,32,838/-. Accordingly clarification has been sought from the officials of Corporate Debtor for the same. In this regard the official of corporate debtor is replied in the below trailing mail. Further adding that the official of the corporate debtor is also provided certain copies of clarification for confirmation of claim

Comp. App. (AT) (Insolvency) No. 152 of 2022 3

in the separate mail. The copies of the same is also attached for your ready reference.

In the stakeholder list uploaded in the website of Hindustan Paper Corporation Limited we have admitted an amount of Rs. 67,78,450/-. However as per the confirmation from the Corporate Debtor the payable amount to the party is Rs.66,42,796/-. The same will be rectified and upload in the next updated stakeholders list. Also request you to please go through the documents provided to us by corporate debtor which have been shared with you and let us know in case you require any clarification in this regard. The same were also shared by officials of corporate debtor with you."

6. The Liquidator has, thus, clearly indicated that he has admitted his

claim of only Rs.67,78,450/-. The cause of action arose to the Applicant to

question the said order since part of claim was rejected. The mere fact that the

list of stakeholders was uploaded on 21.07.2020 did not gave any cause of

action since what was uploaded was the same claim which was admitted by

the Liquidator amounting to Rs.67,78,450/- along with other details.

7. We are of the view that the Adjudicating Authority has rightly held that

the Appeal was barred by time. Appellant cannot claim any limitation from

21.07.2020 since his claim stood partly rejected on 19.08.2019. Insofar as the

submission of the Counsel for the Appellant that the communication of the

Liquidator was not final, suffice it to say that only query raised was that

confirmation from the Corporate Debtor is an amount of Rs. 66,42,796/-

Comp. App. (AT) (Insolvency) No. 152 of 2022 4

which was a lessor amount to which claim was admitted. In the final list, the

amount admitted is the same i.e. Rs.67,78,450/-, hence, the order of the

liquidation in no manner has been modified. We, thus, are of the view that no

error has been committed by the Adjudicating Authority rejecting the

Application being barred by time. There is no merit in the Appeal. The Appeal

is dismissed. It is further to be noticed that the judgment of the Hon'ble

Supreme Court in Suo Moto Writ Petition (Civil) No. 03 of 2020 shall not come

to the aid of the Appellant since his limitation expired much before

15.03.2020.

[Justice Ashok Bhushan] Chairperson

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

Comp. App. (AT) (Insolvency) No. 152 of 2022