Even in respect of debt, which is due in future on its maturity, the Financial Creditor or Operational Creditor or Secured Creditor or Unsecured Creditor can file such claim. Therefore, the definition of Claim as defined under Section 3(6) is to be read along with Section 13 read with Section 15 of the Code – Andhra Bank Vs. M/s. F. M. Hammerle Textile Ltd. – NCLAT

NCLAT held that it is not necessary that all the claims as are submitted by the Creditor should be a claim matured on the date of initiation of Resolution Process/admission, even in respect of debt, which is due in future on its maturity, the ‘Financial Creditor’ or ‘Operational Creditor’ or ‘Secured Creditor’ or ‘Unsecured Creditor’ can file such claim. Therefore, the definition of ‘Claim’ as defined under Section 3(6) is to be read along with Section 13 read with Section 15 of the Code. Even a creditor may choose not to file claim, if not matured and may decide to submit claim on its maturity, after completion of the period of ‘Moratorium’, subject to survival of the ‘Corporate Debtor’. The debt which the ‘Corporate Debtor’ owes for payment in future, if not taken into consideration in the ‘Resolution Plan’ does not extinguish automatically and the creditors, including the ‘Financial Creditor’ or ‘Operational Creditor’ or ‘Secured Creditor’ or ‘Unsecured Creditor’ has rights to claim the same. For example, if there is a default, a ‘Financial Creditor’ or ‘Operational Creditor’ may file application under Sections 7 or 9 for initiation of CIRP. Once it is initiated, order of ‘Moratorium’ is passed and the advertisement is issued all claimants whether his claim is matured or not are supposed to file claim before the ‘Resolution Professional’. The ‘Resolution Professional’ cannot reject one or other claim on the ground that only the person whose claim has been matured can be looked into and other claim not matured cannot be entertained.

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