# In the matter of LML Ltd. C A No. 253-2018 in CP No.(IB)55-ALD-2017

> NCLT judgment dated 2019-04-09. Citation: TCN-2019-NCLT-04029. Leaseplan India Pvt. Ltd. filed CA No. 253/2018 under Section 60(5) of the IBC, 2016, against…

- **Court:** NCLT
- **Order date:** 9 Apr 2019
- **Citation:** TCN-2019-NCLT-04029
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lml-ltd-c-a-no-253-2018-in-cp-noib55-ald-2017-6da351b2

## Summary

### Background

Leaseplan India Pvt. Ltd. filed CA No. 253/2018 under Section 60(5) of the IBC, 2016, against the rejection of its claim by the Liquidator of LML Ltd. The applicant claimed a delay of 106 days in filing the claim, stating they were unaware of the liquidation process because the corporate debtor's website was not functional and they were not aware of the public announcement, which was circulated in Uttar Pradesh while they operate from Gurugram, Haryana.

## Facts

Leaseplan India Pvt. Ltd. filed a claim with the Liquidator of LML Ltd. The claim was filed with a delay of 106 days. The last date for filing claims was May 11, 2018, but Leaseplan filed on August 25, 2018. Leaseplan stated that they were unaware of the liquidation process because the corporate debtor's website was not functional and they were not aware of the public announcement, which was circulated in Uttar Pradesh while they operate from Gurugram, Haryana. The liquidator rejected the claim because it was received after the due date. The applicant is operating from Guru gram, Haryana.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the jurisdiction to condone the delay in filing claims in a …

**Ratio:** The Adjudicating Authority has jurisdiction to condone the delay in filing claims,

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**Reasoning:** The court relied on the 'Clutch Auto Limited' case, which established that the

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**Interpretation:** This interpretation clarifies that the Adjudicating Authority's power to

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**Application:** In this case, the court applied the ratio from 'Clutch Auto Limited' to

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## Parties

- **Judges:** Harihar Prakash…; Saroj Ra…
- **Appellants:** Leaseplan India…
- **Respondents:** LML L…; Arun G…

## Timeline

- **2018-05-11 — Last Date for Filing…**: The last date for filing claims before…
- **2018-08-25 — Claim Filed by…**: Leaseplan India Pvt. Ltd. filed its claim before the Liquidator on August 25, 2018, with…

## 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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