# In the matter of Bharath Coal Chemicals Limited IA(IBC)-59(CHE)-2022 in IBA-839-2019

> NCLT judgment dated 2022-06-20. Citation: TCN-2022-NCLT-04654. The Assistant Commissioner of Customs filed an application seeking condonation of delay of 604…

- **Court:** NCLT
- **Order date:** 20 Jun 2022
- **Citation:** TCN-2022-NCLT-04654
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chennai/bharath-coal-chemicals-limited-iaibc-59che-2022-in-iba-839-2019-2b89097d

## Summary

### Background

The Assistant Commissioner of Customs filed an application seeking condonation of delay of 604 days in filing a claim of Rs. 97,86,83,703/- before the Liquidator of M/s. Bharath Coal Chemicals Limited, which is under liquidation.

## Facts

The Assistant Commissioner of Customs filed an application to condone a delay of 604 days in filing a claim.

The claim amount was Rs. 97,86,83,703/- against Bharath Coal Chemicals Limited, which is under liquidation.

A show cause notice was issued to Bharath Coal Chemicals Limited on 16.03.2016 for non-compliance with Customs Act provisions.

The applicant filed a claim for Rs. 209,55,77,641.80 on 30.11.2021 after learning about the CIRP initiation.

The liquidator stated that the claim was filed after the due date.

The applicant clarified that the claims were for separate bills and revised the claim to Rs. 97,86,83,703/-.

The Liquidator did not file any counter statement.

## Issues and analysis

### Issue 1: Whether the delay of 604 days in …

**Ratio:** The Tribunal has the power to condone delays in certain circumstances, especially when it

…

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

…

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

…

**Application:** The Tribunal condoned the delay of 604 days in filing the claim, considering

…

## Parties

- **Judges:** (Retd.) S.…; Anil Ku…
- **Appellants:** Assistant…; The Assistant…
- **Respondents:** Bharath Coal…; P. SR…
- **Advocates:** H. Sidd…; S. Sathiyanarayana…

## Timeline

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

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-chennai/bharath-coal-chemicals-limited-iaibc-59che-2022-in-iba-839-2019-2b89097d