# In the matter of Unitech Machines ltd.

> NCLT judgment dated 2023-11-09. Citation: TCN-2023-NCLT-00795. The case involves an application filed under Section 60(5) of the Insolvency and Bankruptcy…

- **Court:** NCLT
- **Order date:** 9 Nov 2023
- **Citation:** TCN-2023-NCLT-00795
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/unitech-machines-ltd-34f88ebe

## Summary

### Background

The case involves an application filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016, seeking condonation of delay in filing claims before the IRP/RP against M/s. Unitech Machines Ltd (Corporate Debtor). The applicant, an Excise & Taxation Officer-cum-Assessing Authority, Gurugram (North), Haryana, sought to condone a delay of approximately 621 days in filing claims amounting to Rs. 30,94,52,897, pertaining to the Applicant Department, calculated as of 02.02.2021.

## Facts

The Excise & Taxation Officer-cum-Assessing Authority, Gurugram (North), Haryana, filed a claim against M/s. Unitech Machines Ltd (Corporate Debtor) for Rs. 30,94,52,897, calculated as of 02.02.2021. The Corporate Debtor was a registered dealer under the Haryana Value Added Tax (HVAT) Act, 2003, and the Central Sales Tax (CST) Act, 1956. The CIRP of the Corporate Debtor commenced on 01.03.2019, and an IRP was appointed. The applicant claimed that the publication of the CIRP escaped their notice, resulting in a delay in filing the claim. The applicant submitted the claim on 02.02.2021, approximately 687 days after the last date for submission of claims as per the public announcement (05.03.2019). The Resolution Professional rejected the claim, citing the delay. The

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## Issues and analysis

### Issue 1: Whether the delay of approximately 621 days in filing the claim by the applicant should be condoned …

**Ratio:** The Insolvency and Bankruptcy Code (IBC) is a time-bound process, and claims must be

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**Reasoning:** The court reasoned that the applicant's delay of approximately 621 days was substantial.

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**Interpretation:** Section 60(5) of the IBC provides the adjudicating authority with the power to

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**Application:** In this case, the applicant's delay was deemed excessive, and the court found

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## Parties

- **Judges:** SHRI. BACHU…; RAHUL BHA…
- **Appellants:** Excise & Taxation…
- **Respondents:** M/s. Unitech…

## Timeline

- **2019-03-01 — CIRP Commen…**: CIRP of M/s. Unitech…
- **2019-03-05 — Public Annou…**: Public announcement of…

## 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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