# 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-04036. 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-04036
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lml-ltd-c-a-no-253-2018-in-cp-noib55-ald-2017-ac78dd11

## 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 filed with a delay of 106 days. The applicant stated that it was unaware of the initiation of the liquidation process because the corporate debtor's website was not functional and it was not aware of the public announcement made by the liquidator, as it was circulated in Uttar Pradesh while the applicant operates from Gurugram, Haryana.

## Facts

Leaseplan India Pvt. Ltd. filed a claim with the Liquidator of LML Ltd. after the stipulated deadline, resulting in a delay of 106 days. The last date for filing claims was May 11, 2018, but Leaseplan filed on August 25, 2018. Leaseplan attributed the delay to a lack of awareness regarding the liquidation process, citing the non-functional website of LML Ltd. and the limited circulation of the public announcement in Uttar Pradesh, while Leaseplan operates from Gurugram, Haryana. The Liquidator rejected the claim solely on the grounds of the delay, without evaluating its merits. The application, CA NO. 253/2018, was filed under Section 60(5) of the IBC, 2016.

## Issues and analysis

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

**Ratio:** The Adjudicating Authority possesses the jurisdiction to condone delays in filing claims,

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**Reasoning:** The court relied on the precedent set by the NCLT Principal Bench in 'Clutch Auto

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**Interpretation:** This interpretation clarifies that the Adjudicating Authority's role extends

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**Application:** The court applied this principle to the case at hand, recognizing that the

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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 claims 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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