Filing of a claim under a wrong category cannot be a substantial ground for condoning the delay – Mr. Toral Rathod Vs. Mr. Gopalsamy Ganesh Babu (RP of Milan Textile Enterprises Pvt. Ltd.) – NCLAT Chennai

NCLAT held that the ground taken by the Counsel for the Appellant that it was initially filed under Form-B as an Operational Creditor which was rejected, and thereafter the Appellant had resubmitted her Claim under Form-C on 07.08.2022, does not strengthen or substantiate her case as the timelines given under IBC are to be strictly adhered to and any latches on behalf of the Appellant in filing, the claim under a wrong category cannot be a substantial ground for condoning the delay. It is also significant to mention that the Appellant approached the Adjudicating Authority with a further delay of 100 days, and the only reason that was given is that they were seeking legal advise, which the Adjudicating Authority has rightly held is only a bald explanation and does not construe a sufficient cause for the delay.

Filing of a claim under a wrong category cannot be a substantial ground for condoning the delay – Mr. Toral Rathod Vs. Mr. Gopalsamy Ganesh Babu (RP of Milan Textile Enterprises Pvt. Ltd.) – NCLAT Chennai Read Post »