# In the matter of Unicast Autotech Pvt. Ltd.

> NCLT judgment dated 2023-09-14. Citation: TCN-2023-NCLT-01627. The case involves multiple Interlocutory Applications (IAs) filed by various applicants against…

- **Court:** NCLT
- **Order date:** 14 Sept 2023
- **Citation:** TCN-2023-NCLT-01627
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unicast-autotech-pvt-ltd-083745bc

## Summary

### Background

The case involves multiple Interlocutory Applications (IAs) filed by various applicants against the rejection of their claims by the Resolution Professional (RP) in the Corporate Insolvency Resolution Process (CIRP) of a Corporate Debtor. The applicants are seeking condonation of delay in filing their claims. The RP rejected the claims because they were filed after the last date for submission of claims, which was 16.10.2022. The RP also stated that the claims were beyond the powers of the RP to admit. The applicants relied on a judgment of the NCLAT in the matter of Punjab National Bank v. Mr. Animesh Mukhopadhyay, where the NCLAT condoned the delay in submission of proof of PNB's claim. The RP argued that the applicants failed to file their claims before the expiry

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## Facts

The Corporate Insolvency Resolution Process (CIRP) was initiated, and a public announcement was made on 2022-07-12, setting 2022-07-22 as the last date for claim submission. Several applicants, including Berger Paints India Ltd., M/s AAR CEE Auto Components Pvt. Ltd., S. Ramachandran, Smart Tooling, and Micro Turner, filed claims after the deadline. Berger Paints India Ltd.'s claim for Rs. 18,49,510 was rejected, with the RP citing that the last date for submission was 2022-10-16, and the claim was filed with a delay of 67 days. M/s AAR CEE Auto Components Pvt. Ltd.'s claim was also rejected for being filed after the deadline. Similarly, S. Ramachandran, Smart Tooling, and Micro Turner had their claims rejected for delays. The Resolution Professional (RP) argued that

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## Issues and analysis

### Issue 1: Whether the delay in filing claims by the applicants should be condoned, considering the provisions …

**Ratio:** Regulation 12(2) of the IBBI (CIRP) Regulations, 2016, prescribes a clear timeline for

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**Reasoning:** The court reasoned that the applicants had sufficient opportunities to file their claims

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**Interpretation:** Regulation 12(2) is interpreted strictly to ensure that all claims are

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**Application:** The court applied the ratio to the facts of the case, noting that the

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## Parties

- **Judges:** BACHU VENKAT…; RAHUL BHA…
- **Appellants:** M/s. Berger…
- **Respondents:** Kanti Mohan…
- **Advocates:** Anant S…; Srishty…; +7 more

## Timeline

- **2022-07-12 — Public Annou…**: Public announcement made for inviting claims…
- **2022-07-22 — Last Date for…**: Last date for submission of claims…

## 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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