After transfer of winding up petition to the NCLT, it is the responsibility of Creditors to file its claim with IRP irrespective of the fact that the Official Liquidator had admitted its claim or not during the winding up – Sylvan Commercial Pvt. Ltd. Vs. The Official Liquidator, High Court at Calcutta – NCLT Kolkata Bench
October 9, 2023
NCLT Kolkata Bench held that: (i) After publication of notice in Form A by the Insolvency Resolution Professional, inviting claims from creditors, it was the responsibility of the Applicant to file its claim in the respective form with the Resolution Professional irrespective of the fact that the Official Liquidator had admitted its claim or not. (ii) After transfer of winding up petitions to the NCLT, the same is treated under the IBC and hence, the process under the Code is to be followed, which has not been done in the present case.