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Judgment
Delay of two days in filing the appeal is condoned. I.A. No. 2425 of 2021 is disposed of.
This appeal has been filed against the Order dated 21.09.2021 passed by 'National Company Law Tribunal' (NCLT), New Delhi, Principal Bench rejecting the I.A. No. 3084/2021 filed by the Appellant (Applicant). The IRP made a public announcement dated 24.08.2019 inviting the claims for the Creditors by 03.09.2019. The Applicant's case is that he is working in United Kingdom since 2011 and he sent an e.mail on 18.08.2020 where he stated that there is no claim made from Appellant's side but he should be advised the formalities to take possession. Ultimately, the Appellant filed his claim on 19.03.2021 claiming an amount of Rs. 59,50,214/0 which claim was rejected by RP. The application I.A. No. 3084/2021 was filed before the 'NCLT' New Delhi which has been dismissed. The 'NCLT' dismissed the application as infructuous noticing that the 'Resolution Plan' has been approved by the 'Committee of Creditors' (CoC)
The Appellant (Applicant) had not filed the claim by the time allowed by RP i.e. by 03.09.2019. The e.mail dated 18.08.2020 by the applicant, which is on record is also not a claim made by the Appellant (Applicant) before the IRP. The Appellant (Applicant) made his claim only on 19.03.2021 which claim being highly belated, the RP has rightly refused to entertain the same. Furthermore, the 'Resolution Plan' having been approved by the CoC as has been noted by the 'NCLT' in its order, 'NCLT' is right in its observations that the application of Appellant (Applicant) has become infructuous. We do not find any error in the order of 'NCLT' passed in I.A. No. 3084/2021 filed by the Appellant (Applicant). There is no merit in the appeal. The appeal is dismissed.