Parul Kapil vs Mr. Sandeep Goel & Anr

IN THE MATTER OF: Parul Kapil ...Appellant

Versus

Sandeep Goel & Anr. ...Respondents

Present: For Appellant : Mr. Ashish Mohan, Sr. Advocate.

For Respondents :

ORDER

(Hybrid Mode)

22.09.2025: Heard learned counsel for the Appellant. This appeal has

been filed against the order passed by the Adjudicating Authority dated

12.06.2025 by which IA No.4772 of 2024 filed by the Appellant seeking

direction to the Resolution Professional to verify the claim of the Appellant

filed on 26.07.2025, has been rejected.

2. The Appellant's claim is that a unit was allotted to the Appellant by

allotment letter dated 22.08.2016. It is submitted that the Appellant has

taken housing loan from the Corporation Bank which was directly paid by the

Corporation Bank to the Corporate Debtor. A letter dated 19.08.2017 was

issued by the Appellant to the Manager, Corporation Bank voluntarily

surrendering the physical possession of the said property to the Bank. The

unit was handed over and consent was given by the Appellant for transfer of

the property in favour of the Bank.

Cont'd.../

3. The CIRP commenced against the Corporate Debtor on 09.07.2021.

Public announcement was made on 14.07.2021. The CoC approved the

resolution plan and application was filed being IA No.387 of 2023 before the

Adjudicating Authority praying for approval of plan. Obviously, the plan was

approved prior to filing of the application by the Resolution Professional on

11.01.2023. Admittedly the claim was filed by the Appellant on 26.07.2024

i.e. much after the plan was approved by the CoC and application was filed

for approval of the plan. We, thus, do not find any error in the order of the

Adjudicating Authority rejecting the application filed by the Appellant seeking

direction to admit the belated claim. In so far as Appellant having

surrendered units in favour of Bank, it is for the Bank to file a claim and

prosecute its claim in the CIRP of the Corporate Debtor. We, however, are of

the view that rejection of the belated claim of he Appellant in the CIRP shall

not preclude the Appellant to raise such defence as available before the

proceedings which are pending in the DRT, which are initiated by the Bank.

Appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) Archana/nn

I.A. No. 5510 of 2025 in Comp. App. (AT) (Ins.) No. 1316 of 2025 2 of 2