Mr. Dinesh Vinod Kharva vs Ravi Sethia Resolution Professional ...

Dinesh Vinod Kharva ...Appellant(s)

Versus

Ravi Sethia, (RP, Indo Global Soft Solutions & ...Respondent(s) Technologies Ltd.) Present: For Appellant : Mr. Arvind Nayar, Sr. Adv. with Vishvendra Tomar, Shristy Singh, Diksha Dadu, Adv. For Respondents : Mr. Gaurav Mitra, Ishan Roy, Lavanya Pathak, Adv. for RP

ORDER

(Hybrid Mode) 19.12.2025: Heard Ld. Counsel for the Appellant and Respondent.

2. This appeal has been filed against the order dated 25.11.2025 by which

the Adjudicating Authority has rejected I.A No. 4226 of 2025 filed by the

Appellant an ex-employee of the CD.

3. CIRP against the CD commended on 12.04.2022 and the last date for

submitting claim was 04.05.2022. The resolution plan was approved on

30.08.2023 and the claim on behalf of the Appellant and some other

employees were sent by HR on 25.10.2023 which came to be rejected by the

RP on 02.11.2023. The plan was remanded back by the NCLT on 16.10.2024

and thereafter again plan was approved on 21.07.2025 and plan approval

application was heard and reserved on 25.08.2025. The present application

was filed by the Appellant on 28.08.2025 which has been rejected by the

NCLT.

4. Ld. Counsel for the Appellant submits that the claim which was filed

was only for Rs. 5,11,884/- and the same could have been considered. He

submits that the Appellant had written emails in August, 2022. It is submitted

that the RP ought to have looked into the records and admitted the claim.

5. Ld. Counsel for the Respondent submits that in the plan approved the

OCs have been paid 0.06% of the claim. The Appellant's claim being not

admitted was not dealt with in the resolution plan.

6. We have heard Ld. Counsel for the parties and perused the record.

7. From the facts on record it is clear that claim was filed by the Appellant

for the first time through HR on 25.10.2023 whereas the resolution plan was

already approved on 30.08.2023. The claim was rejected by RP on 02.11.2023

but no steps were taken for challenging the decision of RP before the

Adjudicating Authority and it was only on 28.08.2025 when the plan which

was remanded was again approved and plan approval application was heard

and the order was reserved, the I.A No. 4226 of 2025 was filed on 28.08.2025.

8. We are of the view that in the facts and circumstances of the case the

rejection of the application of the Appellant cannot be faulted. The appeal is

dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Sheetal/Manu