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Judgment
O R D E R
02.08.2024: I.A. No. 4961 of 2024: This is an application praying for condonation of 9 days; delay in filing the Appeal. Learned counsel for the Appellant submits that the although the order was pronounced on 29.04.2024, Resolution Professional sent email communicating passing of order on 14.05.2024, hence, delay was caused in filing the appeal. Cause shown sufficient to condone the delay. Delay condoned. I.A. No.4961 of 2024 is disposed of.
Heard learned counsel for the parties. This appeal has been filed against order dated 29.04.2024 by which the Resolution Plan of the Corporate Debtor has been approved. Appellant has filed a claim in Form F, claiming interest by virtue of order passed by Haryana RERA Authority due to delayed possession. Form F, which is at Annexure 5, its Column 4 is as follows:
| 4. | Description of claim (Including the amount of the claim as at the insolvency commencement date) | Interest on account of delay in delivery of possession of flat by RERA Panchkula order dated 11/05/2022 (Enclosed) Total amount=23,51,316/-(including interest) as per RERA order dated 11/02/2022 |
Learned counsel for the Appellant submits that claim of the Appellant was accepted for Rs.23,51,316, however, in the Resolution Plan he has only given 1% of the amount. She submits that the appellant is a homebuyer who ought to have been included in the CoC and ought to have treated as Unsecured Financial Creditor.
Learned counsel for the Respondent submits that the Appellant was handed over possession of the unit and he cannot be treated in the category of homebuyers and his claim in Form F was with regard to interest on account of delay in delivery of possession which was by virtue of the order of RERA, hence, claim was admitted as other creditors, which claim is other than Financial Creditor and Operational Creditor and the Appellant cannot be treated to be homebuyer.
We have considered the submissions of the parties and perused the record.
Appellant who claims to be homebuyer, filed claim in Form F, hence, it is not open for the Appellant to argue that he may be treated as Unsecured Financial Creditor. Appellant admittedly was not part of the CoC and at that stage no issue was raised by the Appellant to include the Appellant in the CoC. Learned counsel for the Respondent submits that the Appellant having filed claim as creditor in Form F, as per the Resolution Plan the amount has been allocated. We do not find any ground to interfere with the Resolution Plan which has been approved by the Adjudicating Authority. Appeal is dismissed.