NCLAT allowed homebuyer's appeal challenging exclusion from ...

Homebuyers' Claims Validated: Resolution Plan Must Include Undisputed Dues from Corporate Debtor's Records

May 16, 2025

Case Laws IBC AT

NCLAT allowed homebuyer's appeal challenging exclusion from resolution plan. Despite late claim filing and CoC's prior plan approval, the Tribunal directed resolution professional to submit homebuyer's details reflected in corporate debtor's records to resolution applicant. The applicant must prepare an addendum to resolution plan for CoC's consideration, recognizing undisputed claims substantiated in information memorandum. The decision emphasizes equitable treatment of homebuyers' claims, particularly for non-commercial entities, while maintaining the integrity of insolvency resolution process. Application disposed with directions for potential plan modification.

View Source

← Previous Next →

NCLAT allowed homebuyer's appeal challenging exclusion from ...

Homebuyers' Claims Validated: Resolution Plan Must Include Undisputed Dues from Corporate Debtor's Records

May 16, 2025

Case Laws IBC AT

You may also like:

Once a resolution plan is approved u/s 31(1) of the Insolvency and Bankruptcy Code, 2016 (IBC), only the debts specified in the resolution plan remain payable. This...

Recovery of excise duty, which got extinguished on approval of resolution plan - Section 31(1) of the IBC, 2016 mandates that the resolution plan approved by the NCLT...

Once the resolution plan is approved under the Insolvency and Bankruptcy Code, any outstanding claims, including those under the Gujarat Value Added Tax Act for...

The resolution plan approved by the NCLT on 20th March, 2023, extinguished all claims, including statutory dues owed to the Central Government, that were not...

Refusal to entertain the belated claims of Homebuyers as Financial Creditors of the Corporate Debtor - The argument of the Respondents that since CoC has approved the...

Approval of Resolution Plan - provision for the payment of Provident Fund dues not made - After approval of the Resolution Plan under Section 31, the claims as provided...

The Noida authority had terminated the lease deed of the subject land prior to the commencement of the Corporate Insolvency Resolution Process (CIRP) of the Corporate...

NCLAT allowed the appeal, remanding the case for reassessment. The Tribunal held that the tripartite agreement between the bank, homebuyers, and corporate debtor...

Approval of resolution plan - during the CIRP of ACIL, no valuer was appointed to determine the fair value of the shares held by the the Corporate Debtor. Therefore, the...

NCLAT dismissed homebuyers' appeal challenging resolution plan, finding no merit in their claim. The Appellate Tribunal reaffirmed the Committee of Creditors' commercial...

The High Court held that the Execution Application filed by the Applicant against the Respondent does not survive due to the approved Resolution Plan under the...

HC ruled that ex-parte tax assessment against a corporate debtor post-CIRP resolution plan approval is impermissible. The court held that once the NCLT approves a...

HC affirmed tax authority's adjustment of AY 2010-11 refund against pre-existing tax liabilities of corporate debtor. Resolution applicant's claim to refund rejected on...

HC held that under IBC Sections 13, 30, and 31, where a creditor fails to lodge a claim with the Resolution Professional during corporate insolvency resolution process,...

Validity of Assessment Order u/s 143(3) once the Resolution Plan is approved under the Code - CIRP proceedings under IBC - The resolution plan approved by the NCLT is...

Quick Updates: