TMI Blog2021 (6) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... e financial creditor and bank statement. It is not the case of the applicant that for the first time, he has raised the claim before the RP after approval of the Resolution Plan by COC. Rather, it is the same applicant, on whose application, the CIRP of the Corporate Debtor was initiated and the RP was appointed - the documents enclosed by the applicant along with the application filed under Section 7 of the IBC, 2016 are the same documents which have also been filed along with the claim form. Therefore, the RP is well aware about the claim of the applicant and that is the reason, the applicant is shown as a creditor in the list of creditors prepared by the RP and which is uploaded on his website too. This fact has also not been denied b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d booking amount was also paid, the Builder Buyer Agreement ( BBA ) came to be executed on 03.10.2013. Accordingly, the parties entered into BBA dated 03.10.2013 for Unit No. A-46, Block A, measuring 1765 sq. ft. and another BBA dated 03.10.2013 for Unit No. A-12, Block A, measuring 1765 sq. ft. c. That the Applicant/Financial Creditor made payments as and when the instalments letters were issued by the Corporate Debtor. On 25.07.2017, the Corporate Debtor had issued a letter to the Financial Creditor stating that the numbering of the unit No. A-46 has been changed to A-4. d. That the Corporate Debtor had issued two letters dated 02.11.2017, each for both the units, thereby certifying that the Financial Creditor had already paid & ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or received a reply from the RP stating that the prescribed time period for submission of the claim has already expired and that the Committee of Creditors ( COC ) has approved the Resolution Plan on 31.07.2020 and the same is pending for adjudication before this Tribunal. Accordingly, the Applicant was advised by the RP to approach this Tribunal for necessary directions. h. That the Applicant is the original Financial Creditor, who had filed the captioned IB Application, however its claim is not being considered because the same was filed after approval of the Resolution Plan by COC. It is submitted that even the list posted by the RP on the website www.intellicitycirp.com shows the Applicant/Financial Creditor as the Allottee of Unit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll the facts mentioned in the application and further submitted that it was on their application, the CIRP (Corporate Insolvency Resolution Process) against the Corporate Debtor was initiated. 5. He further contended that against that order, the Corporate Debtor had preferred an appeal before the Hon'ble NCLAT and in that appeal, a settlement was arrived between the applicant and the Corporate Debtor. 6. He further submitted that the said appeal was dismissed by the Hon'ble NCLAT in the month of November, 2019. 7. He further submitted that during the pendency of that application, the constitution of CoC was stayed. 8. He further submitted that after dismissal of the said appeal and after arranging the documents, the appl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Hon'ble Supreme Court in the case of Committee of Creditors Essar Steel India Limited Vs. Satish Kumar Gupta and Ors. in Civil Appeal No. 8766-67 of 2019; and in the case of Jaypee Kensington Boulevard Apartments Welfare Association and Ors. Vs. NBCC India Pvt. Ltd. and Ors. in Civil Appeal No. 3395 of 2020. 14. But the basis of claim of the present applicant is different from the facts of the cases referred above. It is not the case of the applicant that for the first time, he has raised the claim before the RP after approval of the Resolution Plan by COC. Rather, it is the same applicant, on whose application, the CIRP of the Corporate Debtor was initiated and the RP was appointed. 15. We find that the documents enclosed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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