Amar Raj & Ors vs Pankaj Narang & Ors
- CitationCompany Appeal (AT) (Ins) No. 2046 of 2025
Ratio decidendi
The rule this decision rests on
Once a resolution plan has been approved by the Adjudicating Authority under the Insolvency and Bankruptcy Code, it is binding on all stakeholders, and its terms cannot be modified by an application filed by a claimant after approval. A direction issued in an earlier case to a resolution professional to submit an addendum to include unrecorded or omitted claims applies only while the insolvency resolution process is pending and the plan has not yet been approved; it provides no basis for reopening an approved plan.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Amar Raj & Ors. ...Appellants Versus Pankaj Narang & Ors. ...Respondents
Present: For Appellant : Mr. Kshitij Vaibhav and Mr. Parth Kaushal, Advocates. For Respondents : None.
ORDER
(Hybrid Mode)
14.01.2026: This appeal has been filed against the order dated
28.10.2025 by which IA No. 5100/2025 filed by the appellant has been
rejected. In the IA following prayers were made:-
"This application has been filed by a home buyer seeking the
following prayers:-
i. Direct the Respondents to supply a copy of the approved Resolution Plan along with Addendum to the Applicants; ii. Direct the Resolution Professional to treat the Applicants at par with the identical class of Financial Creditor in the Resolution Plan or as per the treatment in the Addendum; and iii. Pass any such other orders as may be deemed fit and proper in the facts and circumstances of the present case."
2. In the CIRP of the corporate debtor resolution plan was approved by
Adjudicating Authority on 17.04.2025 and the present application has been
filed by the appellant after more than 2 years of approval of resolution plan.
3. Counsel for the appellant submits that RP has not properly collated the
claims which were reflected in the records of the corporate debtor as per
judgment of this Tribunal in "Puneet Kaur vs. K.V. Developers Pvt. Ltd. &
Ors., Company Appeal (AT) (Ins.) No.390 of 2022" hence the appellant was
entitled to file the application and make the prayers as made. He further
submitted that in Puneet Kaur's case this Tribunal has directed RP to
submit addendum for including the claims of all whose claim were reflected in
the records of corporate debtor.
4. In the present case resolution plan has already been approved by the
Adjudicating Authority and the application came to be filed after more than 2
years thereafter in the Puneet Kaur's direction of this Tribunal to submit
addendum which is referred by the counsel for the appellant was at the time
when CIRP was pending and the plan was not approved. When the plan has
been approved by the Adjudicating Authority it is binding for all and no
modification in the plan can be made by means of an application which has
been filed by the appellant. We thus do not find any error in rejecting the
application of the appellant, appeal is dismissed.
This order dismissal of the appeal shall not preclude the appellant to
approach the SRA.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) harleen/MD
2 of 2 Company Appeal (AT) (Ins) No. 2046 of 2025
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