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Judgment
Heard learned counsel for the Appellant. This Appeal has been filed against order dated 05.04.2021 by which order the Resolution Plan with regard to Corporate Debtor – ‘Earth Infrastructure Ltd.’ has been approved.
The Appellant claim to be Financial Creditor who has deposited the amount with the Corporate Debtor but cannot know about the publication nor he could file claim before the Resolution Professional. The Appellant submits that he was not aware about any CIRP proceeding, hence, he has sent letter on 19.03.2022 to the Respondent No. 1 and sent letter on 05.04.2022 to the Resolution Applicant.
We are of the view that Appellant having not filed any claim and the Resolution Plan having got approved by the Adjudicating Authority, his grievance cannot be considered in this Appeal. In the synopsis of the Appeal it is mentioned that in March, 2022 Appellant approached the Resolution Applicant. It is always open for the Appellant to approach the Resolution Applicant and request for consideration and it is for the Resolution Applicant to consider and take any measure as permissible in law. With these observations, we dismiss this Appeal.