# In the matter of Purulia Metal Casting Private Limited

> NCLT judgment dated 2025-01-01. Citation: TCN-2025-NCLT-00693. The case involves two applications, I.A. (IB) No. 2375 of 2024 and I.A. (IB) No. 2376 of 2024,…

- **Court:** NCLT
- **Order date:** 1 Jan 2025
- **Citation:** TCN-2025-NCLT-00693
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/purulia-metal-casting-private-limited-c98522ad

## Summary

### Background

The case involves two applications, I.A. (IB) No. 2375 of 2024 and I.A. (IB) No. 2376 of 2024, filed in C.P. (IB) No. 346 of 2021 before the National Company Law Tribunal (NCLT), Kolkata. The Corporate Insolvency Resolution Process (CIRP) was initiated against Purulia Metal Casting Private Limited. I.A. (IB) No. 2375 of 2024 was filed by Chittaranjan Sah, an operational creditor, seeking condonation of delay in filing claims and direction to the Resolution Professional (RP) to accept the claim. I.A. (IB) No. 2376 of 2024 was filed by Sunil Kumar Jaiswal, another operational creditor, with similar requests. The RP, Pratim Bayal, opposed both applications, stating that the resolution plan had already been approved by the Committee of Creditors (CoC).

## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated against Purulia Metal Casting Private Limited. Public announcement inviting claims was made on 20.10.2023. Chittaranjan Sah, an operational creditor, filed I.A. (IB) No. 2375 of 2024 seeking condonation of a 341-day delay in filing claims. Sunil Kumar Jaiswal, another operational creditor, filed I.A. (IB) No. 2376 of 2024 seeking condonation of a 334-day delay. Both applicants claimed they were unaware of the CIRP until September 2024 and filed Form B on 30.09.2024. The Resolution Professional (RP), Pratim Bayal, rejected the claims, citing that the resolution plan had been approved by the Committee of Creditors (CoC). Chittaranjan Sah claimed that the corporate debtor owed Rs. 56,33,612/-. Sunil Kumar

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## Issues and analysis

### Issue 1: Whether the delay of 341 days in filing the claim by Chittaranjan Sah in I.A. (IB) No. 2375 of 2024 …

**Ratio:** CIRP Regulation 2016 mandates that a creditor must submit their claim with proof on or

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**Reasoning:** The NCLT reasoned that the public announcement was made on 20.10.2023, and the last date

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**Interpretation:** The NCLT interpreted that allowing claims after the approval of the resolution

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**Application:** The NCLT applied the ratio to the fact that the claim was filed significantly

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## Parties

- **Judges:** BIDISHA BA…; D. Ar…
- **Appellants:** Chittaranj…
- **Respondents:** Purulia Metal…; PratimB…

## Timeline

- **2021-01-01 — C.P. (IB) No. 346 of…**: Filing of C.P. (IB) No.…
- **2023-10-18 — CIRP Commen…**: Corporate Insolvency Resolution Process commenced against Purulia Metal Casting Private…

## 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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