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2021 (7) TMI 363 - NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI BENCHSeeking to postpone the voting on proposed Resolution Plan/CoC meeting till the time the claims of the applicants are considered by the RP - HELD THAT:- As the Members of the CoC have already voted on resolution plan, the prayer has become infructuous at this stage of the matter. Seeking direction to RP to amend the admitted amount of claim and include pre-EMI interest paid by the applicants - HELD THAT:- It is evident from the material based before us that the applicants have been provided opportunity to meet Prospective Resolution Applicants (PRAs) and place their demands. It is the purely commercial decision of the PRAs to suitably address the issue of applicants. As the Resolution Plan already approved by the CoC is yet to be filed with this Authority, the prayer made against this item is premature at this juncture. Seeking direction to RP to correct the Information Memorandum and roll out to RA's for the affected claims/Units resolution Plan and to create a separate class of Subvention Buyers - Seeking to represent the subvention buyers' agenda in CoC meetings in view of complexities and limited/lesser time for IP appointment as AR for subvention buyers - HELD THAT:- These cannot be granted for the reason that the Insolvency & Bankruptcy Code does not envisage/recognize a sub-class of homebuyers within the Class of Homebuyers as Financial Creditors as prayed for by the Applicants against these points. Hence, these prayers are rejected. Seeking to direct RP to consider the claim of the buyers who had submitted an affidavit for cancellation but neither refund was made nor tripartite agreement was cancelled - HELD THAT:- The Resolution Professional are directed to consider the claim of the buyers who had submitted an affidavit for cancellation but to whom no refund was made, nor the tripartite agreement was cancelled, in respect of such buyers, the unit cancellation shall be revoked and they shall rank pari passu in relation to all other Homebuyers in class in relation to all their claims, rights and obligations etc. Application disposed off.
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