Appolo Cranes Private Limited vs Sutanu Sinha, Liquidator Of Ivrcl Limited "Mihir

K. Anantha Padmanabha Swamy, J

Under consideration is an Interlocutory Application bearing IA No. 518/2020 in CP (IB) No. 294/7/HDB/2017 filed by Appolo Cranes Private Limited (hereinafter called as Applicant) in the matter of M/s. IVRCL Limited, inter-alia seeking the following reliefs:

a. Condone the delay of 6 days in preferring the present Appeal/Application under section 642 of the IB Code.

b. Quash the decision of the Liquidator intimated to the Appellant/Applicant vide email dated 16.06.2020 refusing to entertain the claim of the Appellant/applicant on account of delay in submission of the claim.

c. Condone the delay of 315 days in submission of the Claim by the Appellant/Applicant in the Liquidation Process of the Corporate Debtor pursuant to the Public Announcement dated 01.08.2019 and direct the Respondent/Liquidator to verify and admit the Claim of the Appellant/Applicant in accordance with the provisions of the IB Code and its Rules and Regulations framed thereof.

Counsel for the Applicant present. Liquidator along with his Counsel is present. Filed no counter, orally stated no objection in allowing the Application as prayed for. Submissions recorded.

Heard. Perused records.

In the case of Corporate Debtor, Order for Liquidation was passed on 26.07.2019 to be read with corrigendum order passed on 31.07.2019. The Liquidator accordingly published notice on 31.07.2019 for inviting the claims.

It is the case of the Applicant, that its claim has been rejected on the ground of delay in filing claim with the Liquidator and prayed to condone the delay in filing its claims. Liquidator expressed no objection in allowing the Application and for condoning the delay.

Considering the facts and circumstances, stage of Liquidation and no objection by the Liquidator, this Adjudicating Authority hereby condone the delay in filing Applicant's claim with the Liquidator/Respondent.

However, this Adjudicating Authority makes it clear that the said Application is allowed only to the extent of condoning the delay in filing the claim. Liquidator shall consider the claim only after verification of all the books of accounts of the Corporate Debtor and other relevant documents pertaining to claim of the Applicant.

With me above observations, the instant Application bearing IA No. 518/2020 stands disposed of.