Naveen Kumar, a Financial Creditor filed an Insolvency Application under Section 7 of Insolvency and Bankruptcy Code, 2016 against M/s ABC Private Ltd, Corporate Debtor (Defaulter) before the National Company Law Tribuna

CS Professional · Insolvency - Law and Practice · PYQS · December 2019
Naveen Kumar, a Financial Creditor filed an Insolvency Application under Section 7 of Insolvency and Bankruptcy Code, 2016 against M/s ABC Private Ltd, Corporate Debtor (Defaulter) before the National Company Law Tribunal on 1st July, 2018. National Company Law Tribunal after satisfying that the default has occurred and the application is complete in all respects and all the related compliances have been met, admitted the application, by an order passed on 10th July, 2018 and appointed Kamal Kishore as Interim Resolution Professional (IRP). As per the Insolvency and Bankruptcy Code, 2016, state the following: Last Date for Creditors to file their Claims.

Answer & Explanation:

As per regulation 12(1) of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, subject to sub-regulation (2), a creditor shall submit claim with proof on or before the last date mentioned in the public announcement. However, as per regulation 12(2) a creditor, who fails to submit claim with proof within the time stipulated in the public announcement, may submit the claim with proof to the Interim Resolution Professional or the Resolution Professional, as the case may be, on or before the ninetieth day of the insolvency commencement date. Accordingly, 7th October, 2018 is last date of submission of claim. However, in many judgments, this timeline is held to be directory in nature.

Topics: Corporate Insolvency Resolution Process (CIRP)

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