Suman Chadha vs Nilesh Sharma Resolution Professional Today Homes And Infrastructure Pvt Ltd.

O R D E R

“As per the counsel for RP the last date of filing the claims was 14t February, 2020, whereas the Applicant herein preferred the claim on 2n September, 2021 nearly after a gap of l year 6 months. In the meantime, the CoC of the corporate Debtor has approved the Resolution Plan. The RP has also communicated the reasoned order of rejection to the Applicant. In the light of the same, we do not find merit in the application. The IA is dismissed.”

“The Learned Counsel for the Appellant submits that during the pendency of this appeal, some subsequent development has been taken place in which belated claims were considered by the Adjudicating Authority. A prayer is being made for brining on record such orders by filing an affidavit. A week time is granted for filing the same. Put up on 10th October, 2023 under the same caption.”

“IA-1161/2022 IA-1926/2022 IA-3087/2022 IA-5139/2022 IA-5140/2022 IA-5141/2022 IA-899/2023 IA-1601/2023 IA-2766/2023 IA-3363/2023 IA3698/2023 IA-4211/2023:-These applications have been filed against the rejection of the claim on the ground of delay in submission of the claim. Ld. Counsel appearing for the RP has stated that an affidavit has been filed in IA-4766/2021 which is an application seeking approval of the Resolution Plan, stating that:-"In reference to the observation made by Hon'ble NCLAT as per your trailing mail in regards to the homebuyers who have not filed their claims/have filed claims belatedly, we undertake that the Resolution applicant shall consider their claims and treat them at par with other homebuyers who had filed their claims in time, and provide them with their respective units under the Resolution Plan subject to the direction of the Hon'ble NCLT/NCLAT to consider their claims, upon verification of their documents/proof of claims under IBC.”

Having perused the said affidavit and in view of the statement made by the RP in court, the RP is directed to consider the claims filed by the Applicants and treat the Applicants at par with other creditors subject to verification. All Interlocutory Applications are disposed of with the above directions.”

Comp. App. (AT) (Ins) No. 179 of 2022

“By filing this application, the Applicant has prayed to direct the Respondent to accept the Claim of the Applicant. Heard the Ld. Counsel for the Applicant as well as the RP and perused the averments made in the application. Ld. Counsel for the Applicant submits that his claim was rejected by the IRP and the same was communicated by the email dated 21st September, 2021, which is placed at page 86 of the application. He submits that he has already paid 81 % of the total consideration amount. He further claims that the Hon'ble Supreme Court in a suo motu matter condoned the delay in filing the applications.

On the other hand, Ld. Counsel for the RP submits that the last date for submission of claims was 14th November, 2019, whereas the Applicant had submitted the claim on 10^th September, 2021. The Resolution Plan has already been approved by the CoC on 17th August, 2021, which is placed before the Adjudicating Authority on 20th August, 2021 for approval. He further submits that in view of the decisions of the Hon'ble Supreme Court, the belated claim cannot be accepted.

Considering the submissions made on behalf of the parties and on perusal of the averments made in the application as well as the email dated 21st September, 2021, we notice that the claim of the applicant was rejected on the ground that it was submitted nearly after 22 months of the last date of submission of the claims. So far I as the decision, on which the Applicant has placed reliance, has come into effect after the first lockdown imposed by the Central Government on 25^th March 2020, whereas the last date for submission of the claims was 14^th November, 2019, much before the passing of the order. We further notice that the Hon’ble Supreme Court in the Jaypee case reiterated the decision of Essar Case and held that the claim, which was not submitted within the stipulated period cannot be taken into consideration.

Here in the case in hand the Resolution Plan has already been approved by the CoC. Under such circumstances, in our considered view, 1 there is no illegality in the order passed by the RP, by which the claim of the Applicant is rejected . Hence, the prayer of the Applicant is hereby rejected”

“The Learned Counsel for the Appellant submits that during the pendency of this appeal, some subsequent development has been taken place in which belated claims were considered by the Adjudicating Authority. A prayer is being made for brining on record such orders by filing an affidavit. A week time is granted for filing the same. Put up on 10th October, 2023 under the same caption.”

“IA-1161/2022 IA-1926/2022 IA-3087/2022 IA-5139/2022 IA-5140/2022 IA-5141/2022 IA-899/2023 IA-1601/2023 IA-2766/2023 IA-3363/2023 IA3698/2023 IA-4211/2023:-These applications have been filed against the rejection of the claim on the ground of delay in submission of the claim. Ld. Counsel appearing for the RP has stated that an affidavit has been filed in IA-4766/2021 which is an application seeking approval of the Resolution Plan, stating that:-

"In reference to the observation made by Hon'ble NCLAT as per your trailing mail in regards to the homebuyers who have not filed their claims/have filed claims belatedly, we undertake that the Resolution applicant shall consider their claims and treat them at par with other homebuyers who had filed their claims in time, and provide them with their respective units under the Resolution Plan subject to the direction of the Hon'ble NCLT/NCLAT to consider their claims, upon verification of their documents/proof of claims under IBC.”

Having perused the said affidavit and in view of the statement made by the RP in court, the RP is directed to consider the claims filed by the Applicants and treat the Applicants at par with other creditors subject to verification. All Interlocutory Applications are disposed of with the above directions.”