NATIONAL COMPANY LAW TRIBUNAL

MUMBAI BENCH COURT II

Item No. 113

Company Appeal/10/2025 Company Appeal/25/2025 IA 2136/2023 IA

2159/2023 in C.P. (IB)/527(MB)2022

CORAM

SHRI SANJIV DUTT SHRI ASHISH KALIA

HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

ORDER SHEET OF HEARING (HYBRID) DATED 05.12.2025

NAME OF THE PARTIES: Bank of India Vs Future Retail Limited

Appearance:

For Liquidator : Adv. Rohan Agrawal

For Appellant in

Company Appeal/10/2025 : Adv. Prakhar Tandon (VC)

For Respondent in

IA 2136/2023 and IA 2159/2023 : Adv. Ankit Lohia

IBC Under Section 7, Sec 42, Rule 11 of NCLT, 2016, Section 60(5)

ORDER

Company Appeal/10/2025

The present Application has filed by the Applicant. The Following reliefs are

sought: -

(a) Set aside the Impugned Decision of the Respondent (Liquidator) i.e. email dated 21.04.2025 sent by the Respondent whereby it

rejected the claim of the Appellant;

(b)Direct the Respondent (Liquidator) to verify and admit the claim

dated 10.04.2025 of the Appellant on merits;

(c)Direct the Respondent (Liquidator) to amend/modify the list of

creditors of the Corporate Debtor accordingly;

(d) Pass any such further order or orders as this Hon’ble Tribunal may deem fit in the facts and circumstances of the present case.

After being made to run from pillar to post, the Appellant (who is a senior citizen aged 74 years) was handed over the keys of the subject property by the Corporate Debtor on 31.05.2023. It is pertinent to mention that the Corporate Debtor left the premises in a dilapidated condition. The erstwhile RP failed to maintain the premises. On 02.08.2024, the Respondent issued a public notice w.r.t. the liquidation process of the Corporate Debtor whereby claims were invited from respective creditors. As per the said notice, the last date of submission of claims was 28.08.2024. It is reiterated that the Respondent did not inform the Appellant that liquidation had commenced. The Appellant was already pre-occupied with taking care of herself and her husband. Although the Appellant had been following up with the erstwhile RP with respect to her claim, owing to the fact that the Appellant and her husband were not well, she was not able to file her claim since she was not aware that liquidation had commenced. On 13.02.2025, the husband of the Appellant was admitted to the hospital for a heart procedure whereby a pacemaker was implanted in his heart. The husband of the Appellant is 82 years old. The Appellant was pre- occupied in single-handedly taking care of all the formalities and hospital bills. The immediate heart procedure coupled with the on-going ailments kept the Appellant pre-occupied and she was not able to file her claim. A copy of the discharge summary of the Appellant’s husband dated 17.02.2025 and the pacemaker implantation report is annexed herewith and marked as Annexure A-10.

Having considered the submissions made and the reasons stated therein, this Tribunal finds the cause shown to be sufficient to condone the delay. The rejection order is set aside. The Liquidator is directed to consider the Appellant’s claim on merits. The Company Appeal No. 10/2025 stands allowed and disposed of.

Company Appeal/25/2025 The present Application has filed by the Applicant. The Following reliefs are sought: -

a. That this Hon'ble Tribunal may be pleased to allow the present Appeal;

b. That this Hon'ble Tribunal may be pleased to condone the delay of 267 days (i.e. from 29th August, 2024 to 22rd May, 2025) in filing of Claim Form 'D' by the Appellant with the Respondent/Liquidator;

c. That this Hon'ble Tribunal may be pleased to direct the Respondent/ Liquidator to admit and/ or adjudicate the claim of the Appellant against the Corporate Debtor and subsequently direct the Respondent/ Liquidator to modify the Stakeholders' list and include the Appellant in the said list;

d. That this Hon'ble Tribunal may be pleased to grant any further reliefs as may be deemed fit in the interest of justice.

It is humbly submitted that there is a delay of 267 d