# In the matter of Bharath Coal Chemicals IA(IBC)-1281(CHE)-2021 in IBA-839-2019

> NCLT judgment dated 2022-06-20. Citation: TCN-2022-NCLT-04650. The Deputy Commissioner of Customs filed an application seeking condonation of delay of 586…

- **Court:** NCLT
- **Order date:** 20 Jun 2022
- **Citation:** TCN-2022-NCLT-04650
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/bharath-coal-chemicals-iaibc-1281che-2021-in-iba-839-2019-bd34d46a

## Summary

### Background

The Deputy Commissioner of Customs filed an application seeking condonation of delay of 586 days in filing a claim of Rs. 248,45,86,995/- before the Liquidator of M/s. Bharath Coal Chemicals Limited, which is under liquidation.

## Facts

The Deputy Commissioner of Customs sought condonation of a 586-day delay in filing a claim.

The claim amount was Rs. 248,45,86,995/-.

The claim was against M/s. Bharath Coal Chemicals Limited, which is under liquidation.

The Directorate of Revenue Intelligence had issued a show cause notice to the company.

The applicant learned about the CIRP of the company and filed the claim late.

The liquidator did not file a counter statement.

The applicant is an arm of the Union of India, Ministry of Finance, responsible for collecting duties and taxes.

## Issues and analysis

### Issue 1: Whether the delay of 586 days in …

**Ratio:** The Tribunal has the power to condone

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**Reasoning:** The Tribunal considered the submissions made on behalf of the parties and the documents

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**Interpretation:** The IBC aims to balance the interests of all stakeholders, including creditors

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**Application:** The Tribunal condoned the delay,

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## Parties

- **Judges:** S. Ramath…; Anil Ku…
- **Appellants:** Deputy Commissione…
- **Respondents:** Bharath Coal…; P. SR…
- **Advocates:** Madhumitha…; S. Sathyana…

## Timeline

- **2022-06-20 — Order Pron…**: Order pronounced on the…
- **2016-03-16 — Show Cause…**: Directorate of Revenue Intelligence, Kolkata unit issued a show cause notice to the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 38(3) — Consolidation of claims](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-38)

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