The National Company Law Appellate Tribunal, New Delhi upheld an adjudicating authority’s order which rejected a claim which was filed after four years from approval of the Resolution Plan by the Committee of Creditors. However, The appellate tribunal allowed appellants claim subject to verification while implementation of the plan.
The adjudicating authority relied on M/S RPS Infrastructure Ltd. v. Mukul Kumar & Anr rejected the claim filed by the appellant in 2024, after four years from approval of the resolution plan on the ground that the benefit accrued from the provisions of the resolution plan shall be extended at the stage of implementation of the plan.
The appellant argued that ₹ 10.94 crores has been kept aside in the resolution plan with regard to those homebuyers who have not yet filed the claims/or filed belatedly subject to the verification of the claim the amount has been earmarked for taking care of the claims of the homebuyers.
The judgment was pronounced by the bench of Justice Ashok Bhushan (Chairperson), Barun Mitra and Arun Baroka (Technical Members).
