# 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-04020. 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-04020
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lml-ltd-c-a-no-253-2018-in-cp-noib55-ald-2017-724fc809

## 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's claim was rejected because it was filed with a delay of 106 days after the last date for filing claims, which was May 11, 2018. The applicant claimed unawareness of the liquidation process due to the corporate debtor's non-functional website and limited circulation of the public announcement.

## Facts

Leaseplan India Pvt. Ltd. filed a claim with the Liquidator of LML Ltd. The last date for filing claims was May 11, 2018. Leaseplan filed its claim on August 25, 2018, with a delay of 106 days. Leaseplan argued that it was unaware of the liquidation process because the corporate debtor's website was not functional, and the public announcement was made in newspapers circulated primarily in Uttar Pradesh, while Leaseplan operates from Gurugram, Haryana. The liquidator rejected the claim because it was filed after the due date. The applicant filed CA No. 253/2018 under Section 60(5) of the IBC, 2016, seeking condonation of the delay.

## Issues and analysis

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

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

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**Reasoning:** The NCLT relied on the precedent set in 'Clutch Auto Limited,' 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 NCLT applied this principle by considering the applicant's

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## Parties

- **Judges:** Harihar Prakash…; Saroj Ra…
- **Appellants:** Leaseplan India…
- **Respondents:** LML L…; Arun G…
- **Advocates:** Sagar Meh…; VINAYAK M…; +1 more

## 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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