When there was no appeal filed during the course of CIRP when the claim was rejected, belated effort of filing Appeal before NCLAT cannot succeed – New Boilers Engineering Vs. IDBI Bank Limited – NCLAT New Delhi
NCLAT held that even if the Appeal was to be entertained to look into the Appellant’s claim that the Appellant had filed claim with the Resolution Professional, no document is filed to show what claim was filed. There is only Annexure – A/7 which points out an entry at Sl. No. 191 which shows that the amount claimed was rejected. The Counsel for the Appellant is unable to show as to what was the date of this document. The document does not bear any signature and no date of document is there. It is admitted position that in the Resolution Plan which is approved the Appellant was not included. When there was no appeal filed during the course of CIRP when the claim was rejected, this present belated effort of filing this Appeal cannot succeed.
