# In the matter of Roofit Industries Limited IA No. 252 of 2021 in C.P. (IB) No. 1055-MB-2017

> NCLT judgment dated 2021-05-19. Citation: TCN-2021-NCLT-02112. The case involves an application filed by an operational creditor, Deepak Narrottam Sampat,…

- **Court:** NCLT
- **Order date:** 19 May 2021
- **Citation:** TCN-2021-NCLT-02112
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/roofit-industries-limited-ia-no-252-of-2021-in-cp-ib-no-1055-mb-2017-911c0dfe

## Summary

### Background

The case involves an application filed by an operational creditor, Deepak Narrottam Sampat, seeking directions to the Liquidator of Roofit Industries Limited (Corporate Debtor) to accept his claim. The Corporate Debtor was admitted into CIRP on 28.06.2017 and subsequently ordered to be liquidated on 22.01.2018. The applicant claims that the Corporate Debtor issued a bill of exchange and post-dated cheques which were later replaced by a promissory note and subsequent cheques. The cheques were dishonored, and the applicant's attempts to recover the amount were unsuccessful. The applicant filed a claim with the liquidator, which was rejected due to delay.

## Facts

Deepak Narrottam Sampat, an operational creditor, filed an application seeking directions to the Liquidator of Roofit Industries Limited (Corporate Debtor) to accept his claim. Roofit Industries Limited was admitted into CIRP on 28.06.2017 and ordered to be liquidated on 22.01.2018. Shastri Associates, a supplier of the Corporate Debtor, issued a Bill of Exchange dated 30.08.2001 in favor of Sampat for ₹5,25,844/-. The Corporate Debtor issued a postdated cheque (PDC) dated 26.02.2002 for the same amount. On 04.03.2002, the Corporate Debtor enclosed a Promissory Note along with a fresh cheque dated 27.05.2002 and another cheque towards discounting charges. On 27.05.2002, the Corporate Debtor executed a fresh Promissory Note and issued a PDC dated 25.11.2002. The

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## Issues and analysis

### Issue 1: Whether the delay in filing the claim …

**Ratio:** The court considered the broad sentiments expressed by the Hon'ble Courts with respect to

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**Reasoning:** The court noted that the applicant was unaware of the proceedings and faced difficulties

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**Interpretation:** The court interpreted the concept of 'sufficient cause' for delay liberally,

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**Application:** The court applied the principle of considering the specific circumstances of

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## Parties

- **Judges:** Janab Mohammed…; V. Nallasen…
- **Appellants:** Deepak Narrottam…
- **Respondents:** Roofit Industries…; Jitender Kumar…

## Timeline

- **2017-06-28 — CIRP Init…**: Roofit Industries Limited was ordered into…
- **2018-01-22 — Liquidation…**: The Corporate Debtor was…

## 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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