Berger Paints India Ltd vs Kanti Mohan Rustagi

Berger Paints India Ltd. ....Appellant Vs. Kanti Mohan Rustagi ...Respondent (Resolution Professional) For Appellant Mr. Siddhant Jaiswal, Advocate. For Respondent

ORDER

(HYBRID MODE)

17.11.2023: Heard Learned Counsel for the Appellant.

2. This Appeal has been filed against the order dated 14.09.2023 passed

by the Adjudicating Authority (National Company Law Tribunal), New Delhi

Court-VI, by which order the Adjudicating Authority rejected IA No.657 of

2023 filed by the Appellant for accepting the claim. The Appellant filed its

claim for operational debt of Rs.18,49,510/- on 12.12.2022 whereas 90 days

from publication came to end on 16.10.2022. The Resolution Professional has

refused to admit the claim. Consequently, the Application was filed.

3. Learned Counsel for the Appellant submits that there was delay of only

67 days which ought to have been condoned by the Adjudicating Authority. It

is further submitted that the Resolution Plan was approved by the CoC on

23.03.2023 and now the Resolution Plan has been approved by the

Adjudicating Authority by order dated 31.10.2023. 2

4. After having heard Learned Counsel for the Appellant, we are of the view

that the claim was not admitted by the Resolution Professional which order

has not been interfered with by the Adjudicating Authority by impugned order

dated 14.09.2023. The Resolution Plan having now been approved by the

Adjudicating Authority on 31.10.2023, no effective relief can be granted to the

Appellant.

5. We are of the view that no grounds have been made out to entertain this

Appeal. The Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Anjali/nn

Company Appeal (AT) (Insolvency) No. 1452 of 2023