As per the terms of IBC 2016, for any work done prior to the CIRP period and for amounts pending in relation to the same, the Creditor is required to file its claim – Sree Ganesh Constructions Vs. IVRCL Ltd. Represented by Mr. Suntanu Sinha Liquidator – NCLAT Chennai
In the instant case, the Appellant had filed the Form C for admission of the claim in relation to the pending amount 26.08.2019, one day after the last date for submission of the claim. The Liquidator had sent an email that the claim submitted by the Appellant cannot be considered by the Liquidator as it is filed after the expiry of the last date for submission of the claim. The application I.A. No. 454 of 2020 pertains to release of the pending amount, and not in relation to the admission of the claim, filed by the Appellant for the condonation of the delay. Therefore, this Tribunal is of the considered view that there are no substantial grounds to interfere with the impugned order dated 27.08.2021, whereby and whereunder, the Adjudicating Authority had directed the Liquidator to admit the Appellant’s claim and make the payment as per Section 53 of IBC, 2016.