Tribunals and CommissionsFull Bench(2024) 02 NCLAT CK 0077

Toyota Financial Services India Ltd vs Sapan Mohan Garg & Anr

National Company Law Appellate Tribunal · Decided on 28 February 2024

HON’BLE JUDGES
Ashok Bhushan,Chairperson · Barun Mitra, Member (T) · Arun Baroka, Member (T)
RESULT
Dismissed
CASE NUMBER
Company Appeal (AT) (Ins.) No. 1449 Of 2023

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Judgment

3 paragraphs · 219 words
1.

Heard learned counsel for the Appellant. This Appeal has been filed against the order passed by the Adjudicating Authority dated 12.09.2023 in I.A. No.3643 of 2023. I.A. was filed by the Appellant seeking a direction to accept the claim of the Applicant as Financial Creditor of M/s MK Overseas Pvt. Ltd (Corporate Debtor). The CIRP of the Corporate Debtor commenced on 19.09.2019. In the CIRP, the CoC approved the Resolution Plan on 27.11.2020. Appellant filed its claim only on 23.05.2023, which was not accepted by the Resolution Professional thereafter I.A. was filed before the Adjudicating Authority. The Adjudicating Authority rejected the application taking the view that CIRP having commenced on 19.09.2019 and Resolution Plan being approved by the CoC on 27.11.2020, claim at this stage cannot be accepted.

2.

Learned counsel for the Appellant submits that the application for approval of Resolution Plan is still pending before the Adjudicating Authority.

3.

Be that as it may. The Resolution Plan having approved by the CoC on 27.11.2020 and claim has been filed by the Appellant more than two and half years thereafter, we see no error in the order of the Adjudicating Authority rejecting I.A. No.3643 of 2023 filed by the Appellant. There is no error in the order of the Adjudicating Authority warranting any interference. Appeal is dismissed.