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2023 (4) TMI 413 - AT - Insolvency and BankruptcyAdmissibility of claim after implementation of Resolution Plan - Appellant has alleged that the impugned order has failed to balance the interest of all stakeholders including operational creditors and therefore stand vitiated - HELD THAT:- This Appellate Tribunal observes that the Resolution Plan approved by the Adjudicating Authority has taken care of the interest of all the stakeholders who have filed claim with the IRP/RP. It is noted that the Appellant has not filed any claim with the IRP/RP nor raised any issue during the entire CIRP period or during the approval of the Resolution Plan by the Adjudicating Authority, therefore, the Appellant at this stage cannot be allowed to raise such issues especially when the Resolution Plan stand implemented. This Appellate Tribunal observes that the claim of the Appellant is of pre-CIRP period and moreover the Appellant has not even filed any claim with the IRP/RP and this Appellate Tribunal has held in several judgments that pre-CIRP dues cannot be recovered unless the creditor files a claim with the IRP/RP - It may be mentioned that once the resolution plan is approved, the said plan attains finality and becomes binding on all the stakeholders and after the approval of resolution plan, no fresh claim can be entertained. This Appellate Tribunal notes that the very intent of the I & B Code, 2016 is for the revival of the Corporate Debtor and the matter has been greatly amplified by the Hon’ble Supreme Court of India in the matter of Ghanshyam Mishra [2021 (4) TMI 613 - SUPREME COURT] as well as catena of the other Judgments where it has been settled, loud and clear, that no claim remains/ sustains after the Resolution Plan is approved. If such claims are to be entertained at later stage then no Resolution Plan will ever be successful since uncertain, unclaimed and non- admitted claims will be keep on pouring in and subsequently the implementation of the Resolution Plan would be almost impossible. This Appellate Tribunal is of the opinion that after the implementation of the Resolution Plan, no subsequent claim can be entertained. This Appellate Tribunal has no hesitation in recording that the present appeal is not maintainable since the appellant has failed to submit its claim before the IRP at the time of invitation of claim from creditors on 14.09.2018 wherein the last date of submission of claim was stipulated as 28.09.2018 hence, the Appellant cannot claim at this late stage. There are no error in the impugned order dated 05.03.2020 - appeal disposed off.
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