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TMI Blog2021 (5) TMI 823X X X X Extracts X X X X X X X X Extracts X X X X ..... h WILO Mather and Platt Pumps Private Limited, against the Resolution Professional (RP) of Tantia Constructions Limited (the corporate debtor), seeking a direction upon the RP to include its claim of Rs. 9.02 crore, and, pending disposal of the application, direct that no Resolution Plan be considered or approved. 1.2. IA No. 497/KB/2020 is an application filed by Krishna Hi-Tech Infrastructure Private Limited, against the RP of Tantia Constructions Limited (the corporate debtor), seeking a direction upon the RP to reconsider and reverify the claim submitted by the applicant on 24.04.2019 before approval of the Resolution Plan. 2. The circumstances 2.1. Both these applications were taken up for final arguments after completion of pleadin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... " in the Standalone Financial Statements for the year ended 31.03.2019 under the sub-heading, "Outstanding balance payable." (c) The Applicant filed proof of claim with the RP in Form B on 04.10.2019. Page 200 of the Application After much correspondence, the RP communicated his non-acceptance vide email dated 07.12.2019. Page 232 of the Application (d) The present application was filed on 13.12.2019 immediately after the rejection of the claim by the RP. 4. The case of the Applicant in IA No. 497/KB/2020 4.1. The Applicant's case in IA No. 497/KB/2020 is as follows:- (a) On 24.04.2019, the applicant filed its claim with the RP for a sum of Rs. 1,81,00,496/-. Pages 18-73 of the Application The RP vide his email dated 15.05.2019, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he answering respondent in IA No. 1840/KB/2019 5.1. The answering respondent has filed his reply to IA No. 1840/KB/2019 on 10.01.2020. 5.2. Since this reply is on the merits of the application itself and both sides have pressed for a ruling on maintainability of the present application after the Resolution Plan has been approved by this Adjudicating Authority on 24.02.2020, we are not at this moment going into the reply. We are confining ourselves to the arguments advanced at the bar regarding maintainability. 6. The reply of the answering respondent in IA No. 497/KB/2020 6.1. The answering respondent has filed his reply dated 13.01.2021 to the application, wherein he has stated the reply is being filed in the capacity as Chairman of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss of the corporate debtor. 7.2. With the greatest respect, the Hon'ble Supreme Court in Essar judgment (supra) generally deals with a situation where the creditor in question approaches the erstwhile RP or the corporate debtor or the successful resolution applicant after the resolution plan has been approved by the Adjudicating Authority. 7.3. Lord Halsbury in the celebrated case of Quinn v. Leathem, 1901 AC 495: (70 LJPC 76) decided on 06.08.1901 observed that every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ejudice no man)-founded upon justice and good sense-should be a good guide. Further, in Kalabharati Advertising Vs. Hemant Vimalnath Narichania and others AIR 2010 SC 3745: 2010 (9) SCC 437: 2010 (10) SCR 971, the Hon'ble Supreme Court held that any undeserved or unfair advantage gained by a party invoking the jurisdiction of the Court must be neutralised, as the institution of litigation cannot be permitted to confer any advantage on a party by the delayed action of the Court. 7.7. Therefore, the fact that- (a) IA No. 497/KB/2020 filed on 03.02.2020 could not be taken up for hearing by the court on 04.02.2020 when the application for approval of the Resolution Plan came up for hearing; and (b) IA No. 497/KB/2020 filed on 13.12.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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