TREATMENT OF DELAYED FILING OF CLAIMS AND AMENDMENT OF 2023 – A CORRECTIVE STEP FORWARD

The Hon’ble National Company Law Appellate Tribunal (New Delhi Bench) (“NCLAT”) in the case of Suraksha Realty Ltd. v. Mr. Anuj Bajpai (“Suraksha Realty”) confirmed the rejection of the claim filed by Suraksha Realty Ltd. through its judgment dated November 01, 2023. The claim was rejected by the NCLAT on the ground that the same was filed by Suraksha Realty Ltd. before the Resolution Professional after the resolution plan was already approved by the Committee of Creditors (“CoC”) of Panache Aluminium Extrusion Private Limited (corporate debtor). This article discusses various precedents and the amendments with respect to the treatment of delayed filings of claims under the scheme of the Insolvency and Bankruptcy Code.