# In the matter of LML Ltd. CA No. 194-2018 In CP No.(IB)55-ALD-2017

> NCLT judgment dated 2019-02-07. Citation: TCN-2019-NCLT-04964. The case involves a claim filed by Ms. Gauri Components Pvt. Ltd against the rejection of their…

- **Court:** NCLT
- **Order date:** 7 Feb 2019
- **Citation:** TCN-2019-NCLT-04964
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/lml-ltd-ca-no-194-2018-in-cp-noib55-ald-2017-a33a8ed9

## Summary

### Background

The case involves a claim filed by Ms. Gauri Components Pvt. Ltd against the rejection of their claim by the liquidator in the matter of LML Ltd. The applicant filed the claim with a delay of three days, citing lack of awareness of the public announcement made by the liquidator due to residing in a remote area near Meerut. The liquidator rejected the claim as it was received after the due date, without considering the merits of the claim.

## Facts

Ms. Gauri Components Pvt. Ltd filed a claim against the rejection of their claim by the liquidator. The last date for filing claims was May 11, 2018. The applicant filed the claim on May 14, 2018, with a delay of three days. The applicant stated that they were unaware of the public announcement made by the liquidator due to residing in a remote area near Meerut. The liquidator rejected the claim because it was received after the due date, without considering the merits of the claim. The NCLT considered the delay and the reason provided by the applicant, referring to the "Clutch Auto Limited" case where it was held that the Adjudicating Authority has jurisdiction to condone delays under certain circumstances.

## Issues and analysis

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

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

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**Reasoning:** The court relied on the precedent set in the "Clutch Auto Limited" case, which

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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 by recognizing the applicant's reason

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## Parties

- **Judges:** Saroj Ra…; BIKKI RAVEENDRA…
- **Appellants:** Gauri Components…
- **Respondents:** LML L…; Arun G…
- **Advocates:** Monica…; Babita…

## Timeline

- **2018-05-11 — Last Date for Filing…**: The last date for filing claims before…
- **2018-05-14 — Claim Filed wi…**: The applicant, Ms. Gauri Components Pvt. Ltd, filed the claim on May 14, 2018, with a…

## 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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