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Kotak Mahindra Bank Limited-Assignee ... vs Mr. Sandeep Goel-Resolution ...

National Company Law Appellate Tribunal19 January 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

A creditor who takes an assignment of a debt after the Committee of Creditors has approved a resolution plan, and who files its claim only after that approval, cannot have its late claim admitted in the corporate insolvency resolution process where the Adjudicating Authority has refused it on that footing; in such circumstances the rejection of the claim and refusal to condone the delay in filing it discloses no error.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Company Appeal (AT) (Insolvency) No. 140 of 2024 & I.A. No. 445 of 2024

IN THE MATTER OF:

Kotak Mahindra Bank Ltd. ...Appellant(s)

Versus

Sandeep Goel RP for Sarvottam Realcon Pvt Ltd. ...Respondent(s)

Present: For Appellant : For Respondents : Mr. Ankur Mittal, Yashika Sharma, Yamini Naruka, Advocates for RP Sandeep Goel, RP

ORDER

(Hybrid Mode)

19.01.2024: Heard Learned Counsel for the parties.

2. This Appeal has been filed against the Order dated 21.11.2013 passed

by the Adjudicating Authority by which order the Adjudicating Authority has

rejected the Application filed by the Kotak Mahindra Bank Limited for

admission of its claim and for condonation of delay of 738 days in filing the

claim and for direction to RP to admit the claim.

3. In the present case, CIRP commenced on 09th July, 2021 and thereafter

public announcement was made on 14th July, 2021. The Resolution Plan was

received and was approved by the Committee of Creditors on 24.12.2022.

4. The Appellant's case is that he took assignment from earlier PNB

Housing with whom one flat was already mortgaged by the one home-buyer.

In the records of the Corporate Debtor, payments received from home-Buyer, 2

Atul Jaidka was already reflected but RP did not notice the claim nor

mentioned in the Information Memorandum. The Adjudicating Authority

relying on the Judgment of Hon'ble Supreme Court in M/s. RPS

Infrastructure Limited Vs. Mukul Kumar, Civil Appeal No. 5590 of 2021

has rejected the Application of the Appellant.

5. Learned Counsel for the Respondent submits that Appellant is claiming

his right on basis of assignment dated 04th March, 2023 from PNB. Appellant

is not a financial creditor in a class and he ought to have due diligence prior

to taking assignment since by that time resolution plan was already approved.

6. In the facts of the present case, when the Resolution Plan was already

approved on 24.12.2022 and claim was filed by the Appellant only in August,

2023, we see no error in the order of the Adjudicating Authority rejecting the

application. There is no merit in the Appeal, the Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical)

Basant/nn

Company Appeal (AT) (Insolvency) No.140/2024

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