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2025 Supreme(Online)(NCLT) 4023

NATIONAL COMPANY LAW TRIBUNAL
K.K. Singh, HARNAM SINGH THAKUR, HARNAM SINGH THAKUR, HON’BLE MEMBER (J)
Punjab National Bank – Appellant
Versus
Nuway Organic Naturals (India) Ltd. – Respondent
CP(IB) No.517/Chd/Pb/2019



Advocates:
For the Appellants/Petitioners: Mr. Arora Kumar Vishwas, Mr. Sandeep Kumar
For the Respondents: Mr. Anand Chhibbar, Mr. Utkarsh Katana

The tribunal grants condonation of delays in claims submission under the IBC, ensuring fairness in creditor treatment while adhering to procedural requirements.

Headnote:(A) Insolvency and Bankruptcy Code, 2016 - Sections 7, 30, 19(2), 60(5) - Application filed for approval of Resolution Plan - Compliance of earlier order directed - Delay in filing claims condoned in interest of justice - Respondents are given opportunity to respond to the application seeking directions. (Para 12)

(B) Issues relating to belated claims and their acceptance are addressed and details are provided for consideration - The tribunal allows the reconciliation of claims and ensures fairness in treatment of creditors. (Paras 7-11)

Facts of the case:
The applications considered involve a financial creditor seeking confirmation on a resolution plan and dealing with procedural issues arising from tardy submissions of claims by operational creditors.

Findings of Court:
The court condones delays in claims submissions and acknowledges the necessity of compliance with procedural orders.

Issues: Key issues comprised the approval of the Resolution Plan and the delay in claim submissions.

Ratio Decidendi: The tribunal emphasized on procedural adherence while facilitating fair opportunities for creditors who faced delays in claims knowledge.

Result: Application for condonation of delay allowed.

IN THE NATIONAL COMPANY LAW TRIBUNAL

CHANDIGARH (COURT II)

(Through Hybrid Mode)

Item No.106

IA(I.B.C) (PLAN)/10(CH)2025, IA(I.B.C)/1597(CH)2024,

IA(I.B.C)/2626(CH)2024, IA(I.B.C)/1142(CH)2025,

IA(I.B.C)/1290(CH)2025

In

CP(IB) No.517/Chd/Pb/2019

(Admitted)

IN THE MATTER OF:

Punjab National Bank (Erstwhile … Petitioner-Financial Creditor

Oriental Bank of Commerce)

Versus

Nuway Organic Naturals (India) Ltd. … Respondent-Corporate Debtor

Under Section: 7, 30, 19(2), 60(5) IBC 2016

Order delivered on 12.08.2025

CORAM:

SHRI. K.K. SINGH, SHRI. HARNAM SINGH THAKUR, HON’BLE MEMBER (T) HON’BLE MEMBER (J)

PRESENT:

For the Applicant-RP in IA(I.B.C) : Mr. Arora Kumar Vishwas, (PLAN)/10(CH)25,IA(I.B.C)/1597(CH Advocate with Mr. Sandeep Kumar )24, IA(I.B.C)/1142(CH)2025 and Chitkara, RP in person through

Respondent No.1-RP in video-conferencing mode.

IA(I.B.C)/1290(CH)2025

For the Respondent in : None

IA(I.B.C)/1597(CH)2024

For the Applicant in : Mr. Anand Chhibbar, Senior IA(I.B.C)/1290(CH)2025 Advocate with Mr. Utkarsh Katana,

Advocate

ORDER

IA(I.B.C) (PLAN)/10(CH)2025

The present Application has been filed under Section 30 of the IBC seeking approval of the Resolution Plan. List the matter before the Regular Bench on

IA(I.B.C)/1597(CH)2024 None appears on behalf of the Respondents at the time of hearing of the matter. Let compliance of order dated 02.07.2025 be made within two weeks. Last opportunity is granted. List the matter before the Regular Bench on IA(I.B.C)/2626(CH)2024 The pleadings are stated to be complete. The matter is listed for arguments today; however, as today is a Special Bench, let the matter be listed before the Regular Bench for arguments on 15.09.2025.

IA(I.B.C)/1142(CH)2025 The present Application has been filed by the RP under Section 60(5) of the Code seeking condonation of delay with respect to belated claims which has been received as per the Chart given at Page No.19 (Annexure A-1) of the Application. The chart of summary of claims and details of delay in filing the claims are reproduced hereinbelow:-

Particulars Total amount Category Reasons Amount Date of Delay in Recomme claimed for delay acceptable in filing of filing of ndation in terms of claim claim for submissi Regulation [Comput inclusion on of 13(1B) by CoC ed from by the claim with remarks RFRP i.e. COC in

01.01.20 terms of 25-Refer Regulatio Regulati n 13 (1C)

on 12(1)] (b) (i)

M/s Satnam 19,78,60,599/- Operational Claimant 4,08,28,069/- 27.04.2025 116 days Yes Packaging Creditors came to Principal (Refer 16th through Mr. the CIRP at know Amount CoC Paramjeet belated about the Admitted. Meeting)

Singh stage. CIRP at Interest kept under belated verification stage.

Mr. Baldev 33,48,995.24/- Claimant Claimant 25,30,182/- 16.05.2025 134 days Yes Singh Thind, came to came to Admitted (Refer 16th Sole know about know based on the CoC Proprietor the CIRP at about the order shared Meeting)

M/s Virasat belated CIRP at by the MSME Security stage. belated Council Services stage.

Keeping in view, the facts and circumstances mentioned in the Application, the said delay for the respective period of four claims is hereby condoned. In the interest of justice, IA(I.B.C)/1142(CH)2025 stands allowed and disposed of accordingly.

IA(I.B.C)/1290(CH)2025 The present Application has been filed under Section 60(5) of the IBC seeking some direction against the Respondent-RP. Issue notice of this Application to the Respondents. Mr. Arora Vishwas Kumar, Advocate appears on behalf of the Respondent No.1 and accept the notice. Therefore, the requirement of serving the notice to the Respondent No.1 is dispensed with. Let the reply be filed within two weeks with a copy in advance to the counsel opposite. Rejoinder, thereto, if any, be filed within one week thereafter, with a copy in advance to the counsel opposite.

Issue notice of this Application to the Respondent No.2. The Ld. Counsel for the Applicant is allowed to collect the notice from the Registry and serve it on the Respondent No.2 along with Application and

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