TMI Blog2023 (9) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... t in RPS Infrastructure Ltd. vs. Mukul Kumar and Another, [ 2023 (9) TMI 516 - SUPREME COURT] , where the Hon ble Supreme Court with regard to belated claim, which was filed after 287 days, has approved the order of the Appellate Tribunal affirming the rejection of the claim. The present case is fully covered by the above judgment of Hon ble Supreme Court. In the facts of the present case, no error has been committed by the Adjudicating Authority in rejecting application filed by the Appellant, which was for accepting claim which was filed after 511 days after approval of the plan by the CoC. Appeal dismissed. - [JUSTICE ASHOK BHUSHAN] CHAIRPERSON [BARUN MITRA] MEMBER (TECHNICAL) [ARUN BAROKA] MEMBER (TECHNICAL) For the Appellant : Mr. Ab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... considered the reasons given for condonation of delay in filing the claim and without considering the reasons claim ought not to have been rejected. The Adjudicating Authority in the impugned order while deciding the application IA-5336/2022 made following observations: IA-5336/2022 : This is an application filed by Millennium Construction Pvt. Ltd. Ld. Counsel submits that his claim has been rejected by the RP vide e- mail dated 14.06.2022. He seeks direction to the RP to consider the claim of the Applicant company. Ld. Counsel further submits that the delay in filing of the claim was due to change in the directorship. Ld. Counsel for the RP submits that the last date of submission of claims was 31.12.2019, whereas the Applicant submitted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Respondent has relied on recent judgment of Hon ble Supreme Court in 2023 SCC Online SC 1147, RPS Infrastructure Ltd. vs. Mukul Kumar and Another, decided on 11.09.2023 , where the Hon ble Supreme Court with regard to belated claim, which was filed after 287 days, has approved the order of the Appellate Tribunal affirming the rejection of the claim. The Hon ble Supreme Court in Para 17 to 23 laid down following: 17. We have examined the aforesaid submissions. The only issue before us is whether the appellant's claim pertaining to an arbitral award, which is in appeal under Section 37 of the said Act, is liable to be included at a belated stage i.e. after the resolution plan has been approved by the COC. 18. It is undisputed that the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lations mandate a public announcement of the CIRP through newspapers. This would constitute deemed knowledge on the appellant. In any case, their plea of not being aware of newspaper pronouncements is not one which should be available to a commercial party. 22. The mere fact that the Adjudicating Authority has yet not approved the plan does not imply that the plan can go back and forth, thereby making the CIRP an endless process. This would result in the reopening of the whole issue, particularly as there may be other similar persons who may jump onto the bandwagon. As described above, in Essar Steel, the Court cautioned against allowing claims after the resolution plan has been accepted by the COC. 23. We have thus come to the conclusion t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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