Tribunals and CommissionsDivision Bench(2023) 08 NCLT CK 0643

Ms. Priyanshi Arora vs M/s. Dream Procon Pvt. Ltd.

National Company Law Tribunal · Decided on 11 August 2023

HON’BLE JUDGES
Bachu Venkat Balaram Das, Member (Judicial) · Atul Chaturvedi, Member (Technical)
CASE NUMBER
I.A-3462/2021 In (IB)-1771(ND) 2018

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Judgment

8 paragraphs · 236 words

ORDER

PER: SHRI BACHU VENKAT BALARAM DAS, MEMBER (JUDICIAL)

1.

The present application has been filed by the Applicants, seeking directions to the Resolution Professional to admit the claim of the Applicant.

2.

It is an admitted position that the Committee of Creditors in its 11th meeting held on 07.05.2021 has approved the Resolution Plan by 90.66% votes. The Applicant herein filed the claim on 20.07.2021 after the approval of the Resolution Plan by the Committee of Creditors.

3.

In the judgment passed by Hon’ble NCLAT in the case of Puneet Kaur versus M/s. K.V. Developers Private Limited Company Appeal (AT) (Insolvency) No. 390 of 2022 dated 01.06.2022, it has been held that claim filed after the approval of the Plan by the Committee of Creditors cannot be admitted.

4.

In view of the above position of law as laid down by the Hon’ble NCLAT in the case of Puneet Kaur (supra) the claim of the present Applicant which has been filed belatedly after the approval of the Plan by the Committee of Creditors cannot be entertained or admitted.

5.

It may further be noted that the Resolution Professional upon due verification of the Books of Account of the Corporate Debtor duly reflected the unit for which the present belated claim has been filed in the list of flats, but the Applicant did not file any claim.

6.

IA is devoid of any merit and rejected.