TMI Blog2021 (3) TMI 296X X X X Extracts X X X X X X X X Extracts X X X X ..... e proceedings which are initiated with public notice and resolution plan takes its own time to get passed. The claims are to be filed in response to public notice which RP/IRP issued. In such contingency, after the resolution plan has already been approved in March, 2020, fresh claim cannot be entertained in June, 2020. The party aggrieved is required to follow the procedure under the provisions of the IBC. The appellant appears to have filed claim after much delay and the appellant cannot be granted the relief as is being sought - appeal dismissed. - Compay Appeal (AT) (Insolvency) No. 1119 of 2020 - - - Dated:- 23-12-2020 - A. I. S. CHEEMA J. (Judicial Member) and V. P. SINGH Technical Member Gulshan Kr. Sachdev for the appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncy proceedings. Counsel states that in response, the RP sent e-mail on April 22, 2020 which reads as under : On Wednesday, April 22, 2020 at 11:25 a.m. Parthiv Parikh wrote : Dear Sir, With reference to your trailing mail, we have to inform you that as per our information L T Finance Ltd. not in the list of admitted financial claims and thus is not part of CoC of M/s. Jaihind Projects Ltd., which is under CIRP. Please note that the resolution plan has already been orally approved but the written orders are awaited. Right now we are under lockdown and all our team members are working from home and as a result we don t have access to the complete records with respect to the CIRP of the said corporate debtor including f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20 by which resolution plan was approved but by the impugned order, the Adjudicating Authority has rejected the application. 6. Learned counsel for the appellant submits that the RP has not been fair in communication as the RP did not inform that the resolution plan was already approved. Counsel refers to another order passed in I. A. No. 562 of 2020 in I. A. No. 782 of 2019 in C. P. (IB) No. 172/NCLT/AHM/2018 filed at annexure C dated September 9, 2020 (Volume 2, page 275) to submit that the RP in another incident had entered into settlement agreement when resolution plan was pending which has been criticised in that order. It is stated that the said I. A. is still pending before Adjudicating Authority. 7. Considering the fact that t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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