Mr. Amit Mehra vs Sarvottam Realcon Private Limited & Ors
- CitationCompany Appeal (AT) (Insolvency) No. 918 of 2026
Ratio decidendi
The rule this decision rests on
After approval of a resolution plan by the adjudicating authority under the Insolvency and Bankruptcy Code, all claims stand extinguished, and no claim may be filed thereafter, so an application seeking acceptance of a belated claim after such approval is not maintainable.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Amit Mehra ...Appellant Versus Sarvottam Realcon Pvt. Ltd. & Anr. ...Respondents
Present: For Appellant : Mr. Shivam Kumar and Ms. Upasana Singh, Advocates.
For Respondents : Mr. Kunal Godhwani and Ms. Kinjal Chadha, Advocates for R-3.
Mr. G.K. Mishra, Advocate for R-4.
ORDER
(Hybrid Mode)
22.05.2026 : This appeal has been filed against an order dated
09.04.2026 passed by the adjudicating authority (National Company Law
Tribunal, New Delhi, Court-IV), by which application New I.A.1483/2026 filed
by the appellant has been rejected.
2. In the present case, the resolution plan has been approved by the
adjudicating authority on 13.07.2024, after approval of the plan
I.A.1483/2026 for accepting the belated claim was filed by the appellant
which has been rejected by the impugned order.
3. Learned counsel for the appellant submitted that claim of the appellant
has not been accepted, although, he is still paying the EMI.
4. Be that as it may after approval of the plan by the adjudicating
authority, all claims are extinguished and no claim can be filed after approval
of the plan by the adjudicating authority.
5. Counsel for the respondent has also relied on the order passed by this
Tribunal on 22.09.2025 in 'Parul Kapil' Vs. 'Sandeep Goel & Anr.' in
[Comp. App. (AT) (Ins.) No. 1238/2025], which decided the application in
the same matter.
6. We do not find any good ground to interfere with the order impugned.
Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) himanshu/md
Comp. App. (AT) (Ins.) No. 918 of 2026 2 of 2
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