# In the matter of Texorange Corporation Limited

> NCLT judgment dated 2023-11-01. Citation: TCN-2023-NCLT-00902. This is an appeal filed by the Assistant Commissioner of State Tax against Texorange…

- **Court:** NCLT
- **Order date:** 1 Nov 2023
- **Citation:** TCN-2023-NCLT-00902
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/texorange-corporation-limited-6ef01a87

## Summary

### Background

This is an appeal filed by the Assistant Commissioner of State Tax against Texorange Corporation Limited, the Corporate Debtor, under Section 42 of the Insolvency and Bankruptcy Code, 2016. The appellant sought condonation of delay in filing the claim in the liquidation process and a direction to the Liquidator to admit the claim. The Corporate Insolvency Resolution Process (CIRP) was initiated by Bank of Baroda, and the Corporate Debtor was later admitted to Liquidation Process on 22.06.2023.

## Facts

The Assistant Commissioner of State Tax filed an appeal seeking condonation of delay in filing a claim against Texorange Corporation Limited, the Corporate Debtor, which was undergoing liquidation. The CIRP was initiated by Bank of Baroda, and the Corporate Debtor was admitted to liquidation on 22.06.2023. The Appellant filed their claim through Form B dated 15/09/2022 amounting to INR.1,70,91,371/- for the period of 2008-09, 2014-15, 2015-16, 2016-17 in Form B dated 15/09/2022 and further requested, by their letter dated 10/02/2023, the Liquidator to admit their claim and consider them as a secured creditors. The IRP by their email dated 20/02/2023 replied to Appellant and informed that the liquidation proceedings has been initiated in the matter. Thereupon, the

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## Issues and analysis

### Issue 1: Whether the delay in filing …

**Ratio:** The court considered that the claim was filed before the commencement of the liquidation

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**Reasoning:** The court noted that the liquidation process commenced on 22.06.2023, and the appellant

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**Interpretation:** The court interpreted that filing a claim before the commencement of

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**Application:** Since the appellant filed the claim before the liquidation commenced, the court

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## Parties

- **Judges:** Prabhat…; V.G. B…
- **Appellants:** Department of…
- **Respondents:** Texorange…

## Timeline

- **2019-10-11 — CIRP Init…**: Corporate Insolvency Resolution Process (“CIRP”) was initiated on an application by M/s…
- **2019-10-16 — Public Annou…**: Public announcement published on…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 42 — Appeal against the decision of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-42)

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