# In the matter of Sar Parivhan Pvt. Ltd. Vs. Hindustan Paper Corporation Ltd. Comp. App (AT) (Insolvency) No. 152 of 2022

> NCLAT judgment dated 2022-03-08. Citation: TCN-2022-NCLAT-00695. The appeal was filed against the order dated 22.10.2021 passed by the Adjudicating Authority…

- **Court:** NCLAT
- **Order date:** 8 Mar 2022
- **Citation:** TCN-2022-NCLAT-00695
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sar-parivhan-pvt-ltd-vs-hindustan-paper-corporation-ltd-comp-app-c17aa130

## Summary

### Background

The appeal was filed against the order dated 22.10.2021 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Court-II, which rejected the Appellant's appeal under Section 42 of the Insolvency and Bankruptcy Code, 2016, as barred by time.

## Facts

The Appellant filed a claim for Rs. 1,09,32,838/- before the Liquidator.

The Liquidator communicated on 19.08.2019 that the claim was admitted to the extent of Rs. 67,78,450/-.

The Corporate Debtor confirmed that the payable amount was Rs. 66,42,796/-.

The list of stakeholders was uploaded on 21.07.2020.

The Appellant filed an appeal under Section 42 of the Code on 20.09.2021.

The Adjudicating Authority dismissed the appeal as barred by time.

The appellant referred to orders dated 19.08.2019 and 21.07.2020 in the Memorandum of Appeal.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority was correct in …

**Ratio:** The Adjudicating Authority rightly held

…

**Reasoning:** The appellant's claim was partly rejected on 19.08.2019, and the appeal was filed beyond

…

**Interpretation:** The limitation period for filing the appeal started from the date of partial

…

**Application:** The appellant's appeal was dismissed as it was filed after the expiry of the

…

## Parties

- **Judges:** Ashok Bh…; Alok Sriv…
- **Appellants:** Sar Parivahan…
- **Respondents:** Hindustan Paper…
- **Other parties:** Rahul S…
- **Advocates:** Nishant…; Animesh…; +3 more

## Timeline

- **2019-08-19 — Liquidator's Communicati…**: Liquidator communicated that the claim was…
- **2020-07-21 — Stakeholders List…**: The list of stakeholders…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 42 — Appeal against the decision of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-42)

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