# In the matter of Empee Distilleries Ltd. MA-681-2019 in CP-280-IB-2018

> NCLT judgment dated 2019-07-10. Citation: TCN-2019-NCLT-02578. The applicant filed an application to condone the delay in filing a claim of ₹22,65,404 with…

- **Court:** NCLT
- **Order date:** 10 Jul 2019
- **Citation:** TCN-2019-NCLT-02578
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/empee-distilleries-ltd-ma-681-2019-in-cp-280-ib-2018-2ab090b4

## Summary

### Background

The applicant filed an application to condone the delay in filing a claim of ₹22,65,404 with the Resolution Professional (RP). The reason for the delay was the sudden demise of the applicant's father, who ran a proprietary concern, due to which the applicant was unaware of the claim against the Corporate Debtor.

## Facts

The applicant sought condonation of delay in filing a claim of ₹22,65,404 with the Resolution Professional (RP). The delay was attributed to the sudden demise of the applicant's father, who operated a proprietary concern, leading to the applicant's unawareness of the claim against the Corporate Debtor. Upon becoming aware of the claim, the applicant promptly filed it before the RP. The relevance of the father's demise is that it explains the reason for the applicant's lack of awareness and the subsequent delay in filing the claim.

## Issues and analysis

### Issue 1: Whether the delay in filing the claim of ₹22,65,404 with the Resolution Professional should be …

**Ratio:** A delay in filing a claim can be condoned if there is sufficient cause shown, especially

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**Reasoning:** The court reasoned that the applicant's delay was justified due to the sudden demise of

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**Interpretation:** This interpretation allows for flexibility in the application of procedural

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**Application:** The ratio and reasoning were applied to the specific facts of the case, where

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## Parties

- **Judges:** SHRI. B.S.V…
- **Appellants:** HARIHARAN…
- **Respondents:** S.RAJENDRAN…

## Timeline

- **2019-07-10 — Hearing…**: Hearing held at 10:30 AM at the Chennai…
- **N/A — Application…**: The Applicant moved an application (MA/681/2019) for condoning the delay in filing his…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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