National Company Law Appellate Tribunal
Gpr Power Solutions Private Limited vs Mr. Supriyo Chaudhuri (Rp Of Rohit Ferro ... on 15 September, 2021
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT) (Ins.) No. 743 of 2021
IN THE MATTER OF:
GPR Power Solutions Pvt. Ltd. ....Appellant
Through Mr. S. Damodaran, CEO of Appellant
(Operational Creditor)
Having its registered office at No. 76
2nd Main Road, Extn - V, VGN Mahalakshmi
Nagar, Thiruverkadu, Chennai - 600077
Vs.
1. Mr. Supriyo Chaudhuri
(RP of Rohit Ferro Tech Ltd.)
Having at C/O BDO India LLP,
4th Floor, Duckback House,
41, Shakespeare Sarani,
Kolkata - 700017 ..Respondent No. 1
2. State Bank of India
(Financial Creditor)
At state Bank Bhavan
Madam Cama Raod,
Nariman Point, Mumbai ..Respondent No. 2
Maharashtra - 400021
3. Rohit Ferro Tech Ltd.
(Corporate Debtor)
Having its registered office
At 35, Chittranjan Avenue, ..Respondent No. 3
Kolkata - 700012
4. TATA Steel Mining Limited
(Resolution Applicant)
Having its Registered Office
Plot No. N-3/24, IRC Village,
Nayapalli, Bhubaneshwar ..Respondent No. 4
Odisha - 751015
For Appellant: Mr. Rajesh Pathak, Advocae
For Respondent: Mr. Indranil Ghosh, Mr. Palzer Moktan, Ms. Swati
Dalmia, Ms. Ojasa Arya, Mr. Orijit Chatterjee,
Advocates for R-1.
2
Mr. Soorjya Ganguli, Ms. Pooja Chakrabarti, Ms. Kiran
Sharma, Advocates for R-4.
ORDER
(Virtual Mode) 15.09.2021: This Appeal has been filed by the Appellant-GRP Power Solutions Private Limited being aggrieved and dissatisfied by the Order dated 09th July, 2021 passed by the Adjudicating Authority (National Company Law Tribunal, Kolkata Bench, Kolkata) in IA/344(KB)2021 in CP(IB)/1214(KB)2018 whereby and whereunder the Ld. Adjudicating Authority has dismissed the application IA/344(KB)2021 filed by the Applicant (Appellant herein) seeking condonation of delay in filing its claim with the Resolution Professional.
2. The Learned Counsel for the Appellant submits that he had filed his claim to the Resolution Professional on 19th December, 2020 and on 14th January, 2021, the Appellant came to know the rejection of his claim through email by the Resolution Professional.
3. Learned Counsel for the Appellant is challenging the Impugned order and referring that the CIRP commenced against the Corporate Debtor, in terms of the Order dated 7th February, 2020. Further the Public Advertisement inviting claims was issued on 11th February, 2020 and the last date for filing of claims was 21st February, 2020. The 90 days' period for filing of the claims in terms of Regulation 12(2) of the CIRP Regulations ended on 11th May, 2021.
4. Learned Counsel for the Appellant submits that he came to know about the CIRP only on 27th November, 2020 when he made enquiry before the Hon'ble Company Appeal (AT) (Ins.) No. 743 of 2021 3 District Judge at Alipore and immediately submitted his claim on 19th December, 2020. Further, it is stated that CEO of the Applicant is stated to be 72 years old and he was working from home due to covid-19 situation.
5. Ld. Adjudicating Authority heard Learned Counsel for the Applicant and considered all his facts and also taken note of the fact that the Resolution Plan has been approved by Committee of Creditors on 05th June, 2021 and at this late stage, allowing the claim of the Applicant, will not only cause grave prejudice to the completion of the CIRP but it will also be unfair to other creditors, who could not have filed their claim before the stipulated date and on this ground the Ld. Adjudicating Authority dismissed the application.
6. Having heard Learned Counsel for the Appellant and Respondent and perusing the Impugned Order, there is no ground for interference in the Impugned Order passed by the Ld. Adjudicating Authority.
The Appeal stands dismissed, accordingly.
[Justice Anant Bijay Singh] Member (Judicial) [Ms. Shreesha Merla] Member (Technical) Basant/Kam Company Appeal (AT) (Ins.) No. 743 of 2021