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2021 (12) TMI 188 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHSeeking direction to Resolution Professional to not submit the Resolution Plan before the CoC - seeking stay on the process of voting to be held on 10.08.2021, on the two Resolution Plans - seeking restraint on members of the Association from name calling or defaming the parties herein - HELD THAT:- It is seen that the applicants belong to the "class of home buyers" and being the class of creditors, they have filed this application to stay the process of voting to be held on 10.08.2021 on the two resolution plans and also a direction to the resolution professional not to submit the resolution plan. Hon'ble Supreme Court in the Jaypee Case [2021 (3) TMI 1143 - SUPREME COURT] held that "To sum up this part of discussion, in our view, after approval of the resolution plan of NBCC by CoC, where homebuyers as a class assented to the plan, an individual homebuyer or association cannot maintain any challenge to the resolution plan nor could be treated as carrying any legal grievance". Considering this position of law and particularly this fact that the CoC has already approved the resolution plan on 17.08.2021 - Application dismissed being not maintainable.
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