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2019 (11) TMI 1649 - AT - Insolvency and BankruptcySeeking approval of the Resolution Plan - Adjudicating Authority observed that in the main petition Resolution Plan was pending for approval and thus claim now tendered by the Appellants could not be considered - HELD THAT:- When Public Notice was issued, whoever is eligible and wants to file claim, can file the claim with IRP/RP in prescribed form. After Resolution Plan has already been submitted, such claims cannot be accepted. The process cannot be reversed in a manner that clock is set back. Such actions can lead the Company into liquidation. The option for the Appellant is to take help of Section 60(6) of Insolvency and Bankruptcy Code, 2016 and may resort to appropriate remedy in appropriate forum - The appeal shows that the Appellants have already taken up the issue with the Commissioner of Labour who has issued Certificate of Recovery on 04.07.2019. The Appellants can pursue their legally available remedies, which they have already adopted, after further developments in the proceeding pending before the Adjudicating Authority and end of moratorium. Appeal disposed off.
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