# In the matter of Great Unison Contractors India Pvt. Ltd. formerly Unison Engineering and Construction Pvt Ltd., IA No. 1028 of 2020 in CP (IB) No. 1414-MB-2018

> NCLT judgment dated 2020-09-28. Citation: TCN-2020-NCLT-00510. International Marine & Energy DMCC initiated Corporate Insolvency Resolution Process (CIRP)…

- **Court:** NCLT
- **Order date:** 28 Sept 2020
- **Citation:** TCN-2020-NCLT-00510
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/great-unison-contractors-india-pvt-ltd-formerly-unison-engineering-and-construct-a5e7de5a

## Summary

### Background

International Marine & Energy DMCC initiated Corporate Insolvency Resolution Process (CIRP) against Great Unison Contractors Pvt. Ltd. under Section 9 of the Insolvency and Bankruptcy Code, 2016, alleging default of an operational debt amounting to US$ 4,69,598. The petition was admitted on January 8, 2019, and Mr. Gaurav Sharma was appointed as the Interim Resolution Professional (IRP). Subsequently, Ms. Dipti Mehta was appointed as the RP. As no viable resolution plan was received, the Committee of Creditors (COC) resolved to liquidate the company. The Tribunal ordered liquidation on January 23, 2020, appointing Ms. Dipti Mehta as the Liquidator. The Liquidator made a public announcement seeking claims from stakeholders by March 11, 2020. Geostar Surveys India

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## Facts

Great Unison Contractors Pvt. Ltd. (Corporate Debtor) undertook inland and overseas contracts. International Marine & Energy DMCC initiated CIRP against the Corporate Debtor for default of US$ 4,69,598. The CIRP was initiated on January 8, 2019, and Ms. Dipti Mehta was appointed as the RP. The COC resolved to liquidate the company, and the Tribunal ordered liquidation on January 23, 2020, appointing Ms. Dipti Mehta as the Liquidator. The Liquidator made a public announcement seeking claims by March 11, 2020. Geostar Surveys India Pvt. Ltd. (Applicant), another operational creditor, filed a claim with the Liquidator on June 3, 2020, which was rejected as it was filed beyond the prescribed time limit. The Applicant claimed it was unaware of the public advertisement.

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## Issues and analysis

### Issue 1: Whether the delay in submitting the claim by the …

**Ratio:** The Tribunal has the discretion to condone the delay in filing claims in liquidation

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**Reasoning:** The Tribunal considered that the liquidation process was ongoing and that considering the

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**Interpretation:** This implies a flexible approach by the Tribunal towards procedural timelines

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**Application:** The Tribunal applied this principle to the specific facts, noting that the

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## Parties

- **Judges:** Janab Mohammed…; RavikumarDu…
- **Appellants:** Geostar Surveys…
- **Respondents:** Great Unison…; Great Unison…

## Timeline

- **2018-01-01 — Initiation…**: International Marine & Energy DMCC initiated CIRP against Great Unison Contractors Pvt.…
- **2019-01-08 — Admission of…**: The Tribunal admitted the petition…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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