Total Tools & Equipments (P) Ltd. filed an application against Mr. CA Sandeep D. Maheshwari, the liquidator of Shiv Mfg. Pipes Pvt Ltd., under Section 42 and 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking to set aside the rejection of their claim, condone a 3-day delay in filing the application, and direct the liquidator to admit their claim as an operational creditor. The applicant claimed they were unaware of the liquidation order and the public announcement for claims, and their claim was rejected due to delay. The applicant argued they had submitted their claim to the Resolution Professional during the CIRP process but received no intimation about its fate.
Shiv Mfg. Pipes Pvt Ltd. is the Corporate Debtor. Total Tools & Equipments (P) Ltd. (Applicant) claimed that the Corporate Debtor placed orders for goods, which the Applicant supplied and delivered. The principal amount of Rs.3,99,854/- was due and payable with interest. The Applicant issued a legal notice dated 2019-07-19, but the Corporate Debtor failed to pay. CIRP was initiated against the Corporate Debtor, and Mr. Rajendra Ramnarain Agrawal was appointed as Interim Resolution Professional (IRP). The last date for submission of claims was 2019-12-03. The Applicant claimed unawareness of the order and advertisement until March 2020 due to the COVID-19 lockdown. The Applicant sent their claim to the IRP on 2020-10-16, received on 2020-10-22. The Applicant
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Applicant Company…
Tribunal admitted the Application and…
Total Tools & Equipments (P) Ltd. filed an application against Mr. CA Sandeep D. Maheshwari, the liquidator of Shiv Mfg. Pipes Pvt Ltd., under Section 42 and 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking to set aside the rejection of their claim, condone a 3-day delay in filing the application, and direct the liquidator to admit their claim as an operational creditor. The applicant claimed they were unaware of the liquidation order and the public announcement for claims, and their claim was rejected due to delay. The applicant argued they had submitted their claim to the Resolution Professional during the CIRP process but received no intimation about its fate.
Shiv Mfg. Pipes Pvt Ltd. is the Corporate Debtor. Total Tools & Equipments (P) Ltd. (Applicant) claimed that the Corporate Debtor placed orders for goods, which the Applicant supplied and delivered. The principal amount of Rs.3,99,854/- was due and payable with interest. The Applicant issued a legal notice dated 2019-07-19, but the Corporate Debtor failed to pay. CIRP was initiated against the Corporate Debtor, and Mr. Rajendra Ramnarain Agrawal was appointed as Interim Resolution Professional (IRP). The last date for submission of claims was 2019-12-03. The Applicant claimed unawareness of the order and advertisement until March 2020 due to the COVID-19 lockdown. The Applicant sent their claim to the IRP on 2020-10-16, received on 2020-10-22. The Applicant
…Applicant Company…
Tribunal admitted the Application and…