# In the matter of Sical Logistics Limited IA(IBC)-986(CHE)-2022 in IBA-73-2020

> NCLT judgment dated 2022-11-29. Citation: TCN-2022-NCLT-00295. The case involves an application filed by Bafna Auto Carriers, an operational creditor, against…

- **Court:** NCLT
- **Order date:** 29 Nov 2022
- **Citation:** TCN-2022-NCLT-00295
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/sical-logistics-limited-iaibc-986che-2022-in-iba-73-2020-ae067a98

## Summary

### Background

The case involves an application filed by Bafna Auto Carriers, an operational creditor, against Sical Logistics Limited, the corporate debtor, seeking a direction to the Resolution Professional to consider their claim. The applicant filed Form-B after a delay of 362 days, after the approval of the resolution plan by the Committee of Creditors (CoC). The Resolution Professional rejected the claim due to the delay.

## Facts

Bafna Auto Carriers, an operational creditor, filed an application against Sical Logistics Limited. A vehicle Hire Agreement was entered between the Applicant and the Corporate Debtor on 2016-10-20. The Corporate Debtor was admitted to Insolvency on 2021-04-10. The applicant filed a claim for Rs. 99,83,410. The Resolution Professional communicated on 2022-08-25 that the claim was not verified as it was not submitted within the time frame. The public announcement was made on 2021-03-13, and the last date for submission of claim was 2021-08-10, including an exclusion of 63 days due to COVID lockdown. The Resolution Plan was voted upon between 2022-02-21 and 2022-03-18, and the application for approval was filed on 2022-03-26. The applicant filed Form-B on 2022-08-06,

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the claim of the applicant due to …

**Ratio:** Timelines under the IBC are required to be adhered to as closely as possible by all

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**Reasoning:** The court noted that the applicant filed the claim much beyond the limitation period

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**Interpretation:** The IBC emphasizes the importance of adhering to strict timelines to ensure a

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**Application:** The applicant's claim was filed 362 days after the deadline and after the

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## Parties

- **Judges:** (RETD.) RAMALINGAM…; SAMEER…
- **Appellants:** Bafna Auto…
- **Respondents:** Sical Logistics…; Sripatham…

## Timeline

- **2016-10-20 — Vehicle Hire A…**: A vehicle Hire Agreement was entered between…
- **2021-04-10 — Admission to I…**: 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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