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Judgment
07.04.2025: IA No. 1452 of 2025- This is an application praying for condonation of delay of 15 days in filing of the appeal. The Appellant’s case is that Appellant who is a homebuyer became aware of the CIRP only after approval of the Resolution Plan upon publication of a public notice on 10.12.2024, which invited claims from allottees who had not submitted their claims earlier.
It is submitted that due to the aforesaid reason, the delay has arisen. We find sufficient cause shown in the application for condonation of delay. Delay condoned.
This appeal has been filed challenging the order dated 03.12.2024 passed by the National Company Law Tribunal, New Delhi Bench, Court -IV by which Adjudicating Authority has allowed the application filed by the Resolution Professional for approval of the Plan of the Corporate Debtor M/s Som Resorts Pvt. Ltd.
Appellants case is that he came to know about the approval of the plan subsequent to publication of a public notice on 10.12.2024 and thereafter he filed a claim which has not been accepted by SRA.
From the facts of the case as brought on record it is clear that appellant was not a stakeholder in the CIRP of the Corporate Debtor and he did not file any claim. He filed the claim subsequent to publication as per the Resolution Plan and the grievance of the appellant is that his claim has not been verified by the SRA.
Ld. Counsel for the SRA submits that the claim could not be verified hence appellant has not been treated as allottee.
We are of the view that the remedy available to the appellant is to challenge subsequent action of the SRA not verifying the claim. However, the appellant cannot be allowed to challenge the Resolution Plan which was approved by adjudicating authority on 03.12.2024. Thus this appeal cannot be entertained challenging the approval of the Resolution Plan. There shall be liberty to the appellant to file an appropriate application before the adjudicating authority in accordance with law with regard to his claim being not verified by the SRA.
Subject to the above, the appeal is dismissed.