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IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH, COURT- IV

I.A. No.1876 of 2025 In

C.P (IB) No.533/(MB-IV)/2023

[Under Section 60(5) Insolvency and Bankruptcy Code, 2016]

In the matter between Assistant Commissioner CGST & C Ex,

Division-V, Daman Commissionerate …Applicant

Vs.

Ajit Kumar Resolution Professional (Yashraj

Containeurs Limited)

…Respondent/RP In the matter

Yashraj Containeurs Limited …Corporate debtor

Pronounced: 27.03.2026 CORAM:

SHRI ANIL RAJ CHELLAN SHRI K. R. SAJI KUMAR HON’BLE MEMBER (TECHNICAL) HON’BLE MEMBER (JUDICIAL)

APPEARANCE: Hybrid

For the Applicant : Adv. Maya Majumdar For the Respondent/RP : Adv. Amey Hadwale a/w Adv. Geeta

Lundwani

IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH, COURT – IV I.A. No. 1876 of 2025

In C.P(IB) No.533/MB/2023

ORDER

Per: Anil Raj Chellan, Member (Technical)

1. The present Application has been filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 (Code) by the Assistant Commissioner CGST & C, Ex, Division-V, Daman Commissionerate (Applicant) against Ajit Kumat, Resolution Professional of Yashraj Containeurs Limited (Corporate Debtor),

seeking the following reliefs:

a. Condone the delay of 348 days in submitting the Claim by the Applicant against the Corporate Debtor, M/s Yashraj Containeurs Limited,

undergoing CIRP;

b. Accept and admit the Claim of the Applicant against the Corporate Debtor, M/s Yashraj Containeurs Limited, as specified in the Particulars of Claim (Exhibit-"G") and enlist the Applicant as Operational Creditor of the

Corporate Debtor, or in the alternative;

c. Issue direction upon the Resolution Professional, Shri. Ajit Kumar, to accept and admit the Claim of the Applicant against the Corporate Debtor, M/s Yashraj Containeurs Limited, as specified in the Particulars of Claim (Exhibit-"G") and enlist the Applicant as Operational Creditor of the

Corporate Debtor.

d. Such other relief or reliefs as this Hon'ble Tribunal may deem fit and proper.

Brief facts

2. Yashraj Containeurs Limited, the Corporate Debtor, is a Company incorporated on 22.07.1993 under the Companies Act, 1956, with its registered office at 260/6, 7, Madhav Udyog, Bhimpore, Daman, Dadra and Nagar Haveli and Daman and Diu- 396210, having GSTIN 25AAACV4846L1ZO and GSTIN

26AAACV4846L1ZY.

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IN THE NATIONAL COMPANY LAW TRIBUNAL, MUMBAI BENCH, COURT – IV I.A. No. 1876 of 2025

In C.P(IB) No.533/MB/2023

3. On 22.02.2024, this Tribunal admitted the Corporate Debtor into the Corporate Insolvency Resolution Process (CIRP), in C.P (IB) 533/MB/2023 filed under Section 10 of the Code. Mr. Manish Motilal Jaju was appointed as the Interim Resolution Professional (IRP) of the Corporate Debtor. Subsequently, the Committee of Creditors (CoC) of the Corporate Debtor was constituted on 15.03.2024, and the first CoC meeting was held on 22.03.2024. Thereafter, this Tribunal vide order dated 12.04.2024, approved the appointment of Mr. Ajit

Kumar as the Resolution Professional (RP) of the Corporate Debtor.

4. The Public Announcement, inviting claims from creditors as per Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016 (CRP Regulations), was published. In response to this advertisement, the Applicant submitted a claim on 18.04.2024 for Rs. 9,45,69,475/- as per Form B (Original Claim). The RP

admitted the entire claim as communicated vide letter dated 15.06.2024.

5. The Applicant vide letter dated 19.02.2025 submitted a revised claim for Rs.9,71,76,236/-, (Revised Claim) which reflects an increase of Rs. 26,06,761/- (Additional Claim). However, the Revised Claim was rejected by the Respondent/RP by an email dated 25.02.2025 on the grounds mentioned therein. The present Application has been filed against this rejection of the

additional claim.

Submissions of Applicant

6. The Applicant submits that the scrutiny and comparison of the data available in GSTR-1 returns filed under Section 37 of Goods and Services Act,