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Judgment
03.02.2026: Heard learned counsel for the Appellant as well as learned counsel for the Respondent. This appeal has been filed against the order dated 25.07.2025 passed by the Adjudicating Authority in I.A. No.161/(ND)/2025. Application was filed by the Appellant for acceptance of belated claim which was rejected by the impugned order.
The CIRP against the Corporate Debtor commenced on 01.08.2023. The publication was made by the Resolution Professional and 16.08.2023 was last date for submission of claims. Resolution Plan was submitted and approved by the CoC. Appellant filed claim before the Resolution Professional on 18.09.2024 for an amount of Rs.85,47,770/-. The Adjudicating Authority by the impugned order rejected the application refusing to condone the delay, the claim being with 324 days’ delay from 90th day of CIRP. Aggrieved by the order, this appeal has been filed.
Appellant has brought on the record the copy of order dated 16.10.2025 by which the Resolution Plan has already been approved by the Adjudicating Authority. When the claim of the Appellant was not included in the Resolution Plan and Resolution Plan having already approved, all claims stood extinguished. The order approving the Resolution Plan is not subject matter of challenge on behalf of the Appellant. At this stage, when Resolution plan has been approved and claim of all claimants who are not part of the plan are extinguished, we are of the view no relief can be granted to the Appellant.
Learned counsel for the Appellant has pointed out part of the Resolution Plan at Para 4 where details of pending IAs was mentioned. Mere mention of the details of pending IAs cannot come to ensure any benefit to the Appellant when claim of the Appellant was not accepted in the CIRP, in view of the fact that plan has already was approved.
Learned counsel for the Appellant has contended that observation made in Para 7 of the impugned order that Resolution Professional has informed the Appellant on 05.12.2023 was not correct and Appellant never received any information from the Resolution Professional regarding initiation of CIRP and when he came to know about the CIRP, they have filed claim on 24.09.2024.
Be as it may. It is a fact that Appellant has filed the claim after delay of 324 days from the 90th day of CIRP, as noted above. The Resolution Plan being approved by the CoC prior to submission of claim and as on date it is approved by the Adjudicating Authority on 16.10.2025 no relief can be granted to the Appellant in this appeal. We, thus, dismiss this appeal.