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2019 (3) TMI 1604 - AT - Insolvency and BankruptcyApproval of Resolution Plan - Jurisdiction - power of ‘Resolution professional’ to reject the claim - HELD THAT:- Similar issue fell for consideration before the Hon’ble Supreme Court in SWISS RIBBONS PVT. LTD. AND ANR. VERSUS UNION OF INDIA AND ORS. [2019 (1) TMI 1508 - SUPREME COURT] wherein also the Hon’ble Supreme Court held that the ‘Resolution Professional’ has no jurisdiction to decide the claim but the ‘Liquidator’ has a jurisdiction to decide such claim at the time of liquidation - However, such question is not required to be decided in the present appeal, the plan having approved. The decision of the ‘Resolution Professional’ does not amount to rejection of the claim, but determination of claim for constitution of the ‘Committee of Creditors’, which was constituted on the basis of original claim. Thereafter, the Appellant being member of the ‘Committee of Creditors’ not raised the issue immediately but after about 250 days. In the circumstances, no relief can be granted. Appeal dismissed - decided against appellant.
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