2025 (7) TMI 804 - SCH - IBC

Exclusion of commercial spaces from the assets of the Corporate Debtor - owners of the units allotted on the basis of allotment of commercial spaces by the CD - dissenting Financial Creditors - entitlement for the amount as per Section 30 sub-section (2)(b) of IBC - sufficient grounds to interfere with the order passed by the Adjudicating Authority approving the Resolution Plan - it was held by NCLAT that There has been no consideration of the claim of the rent by the Appellant from July 2019 which was one of the prayers made in the application we are of the view that ends of justice will be served in granting liberty to the Appellant Nupur Garg to file an appropriate application for claim of rent subsequent to commencement of CIRP. It shall also be open for the Appellant to claim the said rent as CIRP cost. HELD THAT - There are no good ground and reason to interfere with the impugned judgment. Hence the present appeal is dismissed.

Summary

The Supreme Court, comprising Hon'ble Chief Justice Sanjiv Khanna and Hon'ble Mr. Justice Sanjay Kumar, issued an order condoning delay. After consideration, the Court stated, "We do not find any good ground and reason to interfere with the impugned judgment." Consequently, the appeal was dismissed, and all pending applications were disposed of.