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2023 (7) TMI 264 - AT - Insolvency and BankruptcyApplicability of principles of res-judicata - admission of belated claim filed by individual homebuyers as well as the Appellant - HELD THAT:- A three Member Bench of this Appellate Tribunal had also occasion to consider the question as to whether a decision which has also been final between the parties can be retrospective on the strength of overruling of an earlier judgment. The three Member Bench of this Tribunal inRaghavendra G. Kundangar & Ors. vs. Shashi Agarwal & Anr. [2022 (8) TMI 1157 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI], where it was held that the principle of resjudicata, though a part of CPC, it would be applicable to the proceeding of this Tribunal and IBC. Only to prevent the abuse of process of law and give a finality to any proceeding, or orders, and to avoid an endless litigation to frustrate the very object of enacting IBC, the claim of appellants is liable to be rejected.” Thus, substantial prayer made by the Appellant to admit the claim of the Appellant having been finally rejected upto the Hon’ble Supreme Court, could not have been entertained and deserve to be rejected. The present is a case where although Appellant has not filed any claim but the booking amount of the 50 flats as is claimed by the Appellant is reflected in the Resolution Plan itself which indicate that the said was part of the Information Memorandum - The present is a case where Appellant could not have prayed for any direction on the basis of orders of this Tribunal in Puneet Kaur vs. K.V. Developers Pvt. Ltd. & Ors. [2022 (6) TMI 108 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , PRINCIPAL BENCH , NEW DELHI] because the Resolution Plan notice the claim of the Appellant of booking of 50 units. It is noted that in so far as 9 units which according to the Appellant are in his possession, Resolution Professional has submitted that necessary transfer documents shall be executed in event the Appellant complies the necessary terms and conditions. Hence, the said prayer needs no consideration. The Adjudicating Authority did not commit any error in rejecting I.A. No. 3640 of 2022 filed by the Appellant. There is no merit in the Appeal - Appeal dismissed.
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