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2022 (3) TMI 1430 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL, NEW DELHISeeking inclusion of additional, belated and unverified claim in the Resolution Plan of the Corporate Debtor - bone of contention between the Appellant and the Resolution Professional and Respondent No. 1 is the amount of Rs. 3,14,81,158/- allowed as CIRP costs by the Adjudicating Authority through the impugned order dated 02nd September, 2021 without verification of costs and other details by Resolution Professional or without recommendation of CoC even seems without any scrutiny by the Adjudicating Authority. HELD THAT:- The Resolution Professional is to provide for essential supplies which means electricity, water, telecommunication service, and information technology services are to be considered in CIRP cost and as far as other costs are concerned it is be approved by the CoC. Furthermore, the lease schedule working as appearing at Annexure I page 7 of the written submission of the Resolution Professional, the rental start date of the first leased equipment was from 10th June, 2015 to 09th June, 2017 and for the last 23rd equipment, the rental start date was 01st July, 2016 and last rental date was 30th June, 2020. So the term of the lease deed has already expired by June, 2020 prior to public announcement which was made on 13th August, 2020 asking the creditors to submit their claims and the Respondent No. 1 has already submitted its claim 13th January, 2021 of Rs. 1.05 Crore approx., which included Rs. 11 lacs approx. towards lease rental dues and claim towards Fair Market Value - Rs. 43.54 lacs. The Resolution Professional has already considered Rs. 95 lac in total out of Rs. 1.05 Crore. Thus, we are not in a position to accept even the claim towards extension rental of Rs. 2.71 Crore. There are the Appeal and the Appeal deserves to be allowed - appeal allowed.
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