9911796707
TMI Blog2025 (5) TMI 1030X X X X Extracts X X X X X X X X Extracts X X X X ..... SRA JUDGMENT Per : Justice Rakesh Kumar Jain : This appeal is directed against the order dated 11.08.2023 by which an application bearing I.A. No. 4954/2022 filed by the appellant in which the appellant made the prayer to admit his claim as a Financial Creditor in a class and to consider his case at par with the other unit buyers/claimants while implementing the Resolution Plan has been rejected primarily on the ground that the application has been filed belatedly. In brief, the case set up by the appellant is that he is the home buyer who has purchased the flat bearing unit number B-1901 situated at Plot No. GH - 02, Sector - 143, Noida, Uttar Pradesh in the project "Victory Ace" developed by the Corporate Debtor, namely, M/s Dream Pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s who had not filed the claim in which name of the appellant is at Sl. No. 52 in which it is reflected that the selling price of the unit is Rs.60,00,300/-, the amount received by the Corporate Debtor is Rs.49,26,674/- and the balance amount is Rs.10,73,626/-. 5. Counsel for the appellant has relied upon the same decision of this court in the case of Puneet Kaur & Ors. Vs. KV Developers Pvt. Ltd. & Ors. (supra) to contend that even if it is presumed that the appellant has not filed its claim even then this court has held that if the liability have been reflected in the Information memorandum then it is the duty of the RP to submit the detail of the Home buyers to the Resolution Applicant on the basis of which the Resolution Applicant shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... whether there was a reflection in the records on this aspect or not." 8. It is submitted that in the present case the liability of the Corporate debtor qua the appellant was clearly reflected in the Information Memorandum and his record was also made part of the Information Memorandum but the treatment given by the Resolution Applicant in the plan is of the extinguishment of their claim which is contrary to decision of this court in the case of Puneet Kaur & Ors. Vs. KV Developers Pvt. Ltd. & Ors. (supra). 9. We have heard Counsel for the parties and perused the record. 10. There is no dispute that the liability of the CD towards the Appellant is clearly reflected in the IM. The appellant has also filed the claim belatedly and the CoC h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion applicant, on the basis of which resolution applicant shall prepare an addendum to the resolution plan, which may be placed before the CoC for consideration." 11. The argument of the Respondent that since the CoC has already approved the plan and the claim has been filed after the approval of the plan, the decision in the case of M/s RPS Infrastructure Ltd. (Supra) would come in the way of the Appellant because in that case it has been held that "the mere fact that the AA 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." 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 02. The claim of the Appellant is that since approval of Resolution Plan is pending before the Adjudicating Authority, its claim can be considered on merits. We have examined this issue in detail basis the facts of the case, wherein the Appellant seeks condonation of 540 days and basis the current position of law. It becomes unsustainable to accede to his request to allow his belated claim to be considered, particularly in the background that there is no acceptable material on record to suggest actual disbursement of Rs.50 lakhs to the Corporate Debtor and more so when the Appellant itself has filed Form - C and not CA raising its claim. There is also inconsistency in the description of the alleged unit being D2-601 or D2-2002 in the buybac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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