Asean International Limited Vs Sanjeev Maheshwari (NCLAT Delhi)
NCLAT Delhi held that rejection of belated claim by liquidator needs to be challenged under section 42 of the IBC. Relief cannot be seeked by invoking provisions of section 60(5) of IBC as remedy u/s. 42 not restored.
Facts- The Corporate Debtor-M/s Varun Resources Ltd. was admitted into Corporate Insolvency Resolution Proceeding on 14.06.2017. On the request of the Resolution Professional, the Appellant supplied bunkers, fuels, fresh water, oil etc. to three vessels owned by the Corporate Debtor besides also procuring the same from certain sub-contractors namely Gujarat Marines and Dushyant Patel. For these supplies, three invoices were raised by the Appellant for an aggregate principal sum of USD 173,182.97.
Since no resolution plan of the Corporate Debtor could be approved, the RP filed an application for approval of liquidation before the Adjudicating Authority on 12.03.2018. The liquidation order was approved by the Adjudicating Authority on 04.12.2018. The Appellant, however, filed their claim before the Liquidator on 22.03.2019. The Liquidator rejected the claim on 30.03.2019 on the ground that the claim was submitted beyond two months from the last date fixed for submission of claim as per Public Announcement.
On 25.06.2019, the Appellant issued a debit note to the Corporate Debtor for their three invoices of supply from 23-27 July 2017 which along with interest aggregated to an amount of USD 252,249.85. On 30.09.2022, the Respondent-Liquidator sent a communication to the Appellant informing that their sub-contractors-Gujarat Marines and Dushyant Patel had filed a case in the Admiralty Court towards recovery of money for the supplies made. The Liquidator in their communication requested the Appellant to provide NOC so that the claims of the sub-contractors could be settled separately from that with the Appellant.
