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NATIONAL COMPANY LAW TRIBUNAL
Praveen Gupta, Member (Judicial), Ashish Verma, Member (Technical)
Vipin Agarwal – Appellant
Versus
Alok Kumar Kuchhal – Respondent
| Table of Content |
|---|
| 1. appellants' delayed claim submission due to absence and lack of notice (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. appellants argue for condonation citing precedents and payments in records (Para 7 , 8) |
| 3. liquidator opposes due to advanced distribution and unexplained delay (Para 9) |
| 4. court notes timelines, no prior claims, and email was for verification only (Para 10 , 11 , 12 , 13 , 14) |
| 5. nclat precedents mandate considering homebuyers' claims in cd records (Para 15) |
| 6. delay condoned; claims admitted payable from unclaimed liquidation funds (Para 16 , 17 , 18) |
ORDER
1. This appeal bearing Appeal No. 02/2024 in CP(IB) 45/ALD/2019 has been filed on 28.08.2024 by the Appellants, who claim to be Financial Creditors under the Insolvency and Bankruptcy Code, 2016, (hereinafter referred to as “IBC, 2016/the Code”) under section 42 of the Code, read with Rule 11 of the NCLT Rules, 2016 seeking appropriate directions against Mr. Alok Kumar Kuchhal, Liquidator (hereinafter referred to as the “Respondent”) of Ratandeep Infrastructure Private Limited (hereinafter referred to as the “Corporate Debtor”) praying for the following reliefs:
a. To direct the Learned Liquidator to consider the
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