The NCLAT, Principal Bench, New Delhi in appeal wherein Appellant furnished only one reason that there was delay in filing the claim as they were not aware of the liquidation order; held that NCLT did not commit any error in rejecting the application as the claim was filed after more than three and a half years.
Brief Facts:
The present appeal has been filed against the order of the NCLT vide which application filed by the Appellant under Section 42 of the Insolvency and Bankruptcy Code, 2016 was rejected.
Brief Background:
The Appellant furnished only one reason that there was delay in filing the claim as they were not aware of the liquidation order.
Observations of the Tribunal:
It was held that the NCLT did not commit any error in rejecting the application as the claim was filed after more than three and a half years.
The decision of the Tribunal:
Based on the findings above, the Tribunal’s order was upheld and accordingly, appeal was dismissed.
Case Title: The Assistant Commissioner of Customs v. Kshitiz Chhawchharia
Case No.: Company Appeal (AT) (Insolvency) No. 1446 of 2024
Coram: Justice Ashok Bhushan, Mr. Barun Mitra, Mr. Arun Baroka (Technical Members)
Advocate for Appellant: Adv. Mr. Akshay Amritanshu
Advocates for Respondent: Advs. Soorjya Ganguli and Ms. Kiran Shah
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