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Judgment
ORDER
Heard Shri Samaksh Goyal, Learned Counsel for the Appellants, Shri Mohit Nandwani, Learned Counsel for Respondent No.1 and Shri GP Madaan, Learned Counsel for Resolution Applicant.
This Appeal has been filed against the order dated 17.11.2020 passed by the Adjudicating Authority (National Company Law Tribunal), New Delhi, Principal Bench, rejecting the I.A 4564 and 4885/2020. The Appellant’s case is that he had entered into Builder’s Buyer Agreement on 19.07.2006 and has made a part payment. He submits that he approached RERA in 2018 when he was not refunded the amount from the Respondent- Corporate Debtor. The RERA has passed an order on 16.07.2019 granting decree in his favour of Rs. 7,60,047/- along with interest. He submits that in Corporate Insolvency Resolution Process proceedings, he has filed Form-CA and he was included in the category of Financial Creditor of a class i.e. ‘Homebuyers’. Subsequently, he claimed that he has filed another Form-C on the basis of decree which was not accepted. He filed an Application which has been rejected. It has come on the record that Resolution Plan has already been approved by the Committee of Creditors on 30.08.2020 and the matter is pending for approval of the plan before the Adjudicating Authority.
We are of the view that in the facts of the present case, no error can be found out in the order of the Adjudicating Authority rejecting the Application of the Appellant which was filed for seeking leave to change his category from Financial Creditor of a class to a Financial Creditor. We do not find any error in the order of the Adjudicating Authority to entertain this Appeal.
However, looking to the special facts and circumstances of the present case, Respondent No.2- Resolution Applicant may consider that in implementation of plan if any further concession of benefit can be given to the Appellant. No other direction can be issued in this Appeal.
With these observations, the Appeal is dismissed.