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2022 (5) TMI 487 - Tri - Insolvency and BankruptcySeeking consideration of claims submitted by all the allottees in Haritham tower before the last date stated and also the claims submitted pursuant to email send by the 2nd Respondent after the last date before the notice is issued calling committee of creditors - direction to 2nd Respondent to see that the claims submitted are only the allottees of The Greens Township Project Including the Haritham Tower and to exclude those claims which are submitted by creditors from Ernakulam Project - direction that details of all claims received, with the receipt date, be intimated to the claimants and to take corrective action prior to formation of CoC if objections are raised by the claimants - direction that all claims received prior to 01.01.2022 be verified prior to the formation of Committee of Creditors and selection of Authorized representative - direction that the claim of Thomas Kuruvilla (who has flats only in Prakrithi Towers) be made available to the applicant for scrutiny - direction that 2nd Respondent to postpone the committee of creditors meeting to be scheduled - interest rate for calculation of Financial Debt as on commencement of Insolvency be as per the provisions of the RERA act or as per the contract whichever is higher - direction that the element of Compensation, allowable under RERA Act at least on the notional rental lost due to delay be allowed. HELD THAT:- It is evident from the records that out of the 53 members of the Applicant Association, claims of 22 members were admitted before the 01.01.2022 and they had attended through Authorized Representative in the 1st Meeting of COC. Thereafter on submission of appropriate documents, the claims of all the members of the Applicant association were also admitted and they have taken part in the decision-making process through duly appointed Authorized Representative. Therefore, the Applicant herein is factually beneficiaries due to the decisions taken in the 1st Meeting of CoC held on 22.02.2022 who were part of CoC and had agreed to extent the Interim Finance for the CIRP. There are no provision in the IBC, 2016 allowing the claimants to scrutinize the claims made by other claimants. To sum up, after analysing the entire gamut of the issue, we are of the considered opinion that IRP being an officer of the Tribunal under the provisions of the IBC, 2016 and Regulations is to verify and collate the claims submitted by the claimants and follow the process as laid down in the Regulations for admission of the claims. In view of the fact that all the members of the Applicant Association are part of the CoC, through the Authorized Representative, their grievance has already been settled by the IRP/RP itself. As stated, other reliefs cannot be granted to the Applicants through this application. There are no merit in this application, which is dismissed as not maintainable. Application dismissed.
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