Tribunals and CommissionsDivision Bench(2024) 12 NCLAT CK 1467

Assistant Provident Fund Commissioner vs Vivek Raheja & Ors.

National Company Law Appellate Tribunal, New Delhi · Decided on 3 December 2024

HON’BLE JUDGES
Yogesh Khanna, Member (Judicial) · Ajai Das Mehrotra, Member (Technical)
CASE NUMBER
Comp. App. (AT) (Ins) No. 319 of 2024

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Judgment

7 paragraphs · 237 words

O R D E R

03.12.2024: This appeal is against an impugned order dated 11.12.2023 passed by Ld. National Company Law Tribunal, New Delhi Bench (Court-II).

2.

It is submission of the Ld. Counsel for the Respondent that before the Adjudicating Authority had rejected the Resolution Plan, it had directed the RP to issue the fresh Form –G. Now admittedly the matter is with the CoC for fresh consideration.

3.

It is the submission of the Ld. Counsel for the Appellant earlier too the Ld. NCLT had directed the RP to consider the claim of the Appellant as per law. The RP then took instructions from the SRA and the claim of the appellant was accepted to an extent of 75% as SRA could pay only 75%. It led the appellant to move the Ld. NCLT yet again but his request was declined.

4.

It is submitted by the Ld. Counsel for the Appellant he shall be satisfied in case the direction was given to the RP to reconsider his claim afresh, since the matter is still with the CoC. The claim of the appellant is annexed at page no. 74 (Annexure A-6). Let the RP consider the claim of the appellant afresh in view of changed circumstances. There is now nothing left in the appeal.

5.

Accordingly, the appeal is disposed of in terms of the above.

6.

Pending applications if any, also stand disposed of.