The Deputy Commissioner Central Excise vs Shri Kshitiz Chhawchharia
- CitationCompany Appeal (AT) (Insolvency) No. 1469 of 2024
Ratio decidendi
The rule this decision rests on
The Tribunal's order rests on the principle that a claim filed after an inordinate delay of 1,366 days may properly be rejected by the liquidator, and that an application under the Adjudicating Authority's jurisdiction seeking condonation of such delay is correctly dismissed where the delay is unexplained and inordinate. The appellate Tribunal found no error in the rejection of the application for condonation of delay and dismissed the appeal on that basis.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: The Deputy Commissioner, Central Excise, CGST & CX ...Appellant
Versus
Kshitiz Chhawchharia Liquidator, Concast Steel & Power Ltd. ...Respondent
Present: For Appellant : Mr. Akshay Amritanshu, Sr. Standing Counsel, Mr. Samyak Jain, Ms. Pragya Upadhyay and Ms Drishti Saraf, Advocates
For Respondent : Ms. Kiran Sharma and Goorjya Gandhi, Advocates for Liquidtor
ORDER
(Hybrid Mode)
22.08.2024 : Heard Learned Counsel for the Appellant.
This Appeal have been filed against the order dated 01.05.2024 passed
by the National Company Law Tribunal, Kolkata Bench, Court-III in I.A.
No.924(KB)/2022 which was filed by the Appellant for condonation of delay
of 1366 days in filing the claim. The Adjudicating Authority by impugned
order has rejected the Application.
Admittedly, the claim was filed by the Appellant with delay of 1366
days. The liquidator did not accept the claim on account of it being filed which
such delay, the application which was filed challenging the decision of the
liquidator has been rejected by the Adjudicating Authority.
We do not find any error in the order by Adjudicating Authority rejecting
the application i.e. I.A. No. 924(KB)/2022. There was inordinate delay of 1366 days in filing the claim which has rightly not been accepted by the Liquidator.
There is no merit in the appeal.
The Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) pks/nn
Company Appeal (AT) (Insolvency) No. 1469 of 2024 2 of 2
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