National Company Law Appellate Tribunal
Anupam Industries Ltd vs Mahendra Kumar Khandelwal & Anr on 7 October 2020
NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHI
Company Appeal (AT) (Insolvency) No. 859 of 2020
In the matter of:
M/s. Anupam Industries Ltd.
....Appellant
Vs.
Sh. Mahendra Kumar Khandelwal & Anr.
....Respondents
Present:
Appellant:
Mr. Anupam Dwivedi, Mr. Aditya Shankar, Advocates.
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ORDER
07.10.2020: After hearing learned counsel for the Appellant for a while, it appears that the Resolution Plan was approved in the month of September, 2019 and the Corporate Insolvency Resolution Process period has already expired. The Appellant’s claim was not included as an Operational Creditor during the Corporate Insolvency Resolution Process as he did not make such claim within the prescribed time. In the given circumstances, the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, was right in declining to issue a direction for inclusion of Appellant in the list of Operational Creditors of the Corporate Debtor.
We find no merit in this appeal. The same is dismissed. However, there shall be no order as to costs.
[Justice Bansi Lal Bhat] Acting Chairperson
[Dr. Ashok Kumar Mishra] Member (Technical)
[Shreesha Merla] Member (Technical)
AR/g