Rajan Ghoshrave vs Rajesh Ramnani Resolution ...
- CitationCompany Appeal (AT) (Insolvency) No. 1802 of 2024
Ratio decidendi
The rule this decision rests on
A claim by a creditor filed after the Committee of Creditors has approved a resolution plan is not to be treated as admitted by reason of earlier correspondence with the resolution professional; the Adjudicating Authority may therefore direct the Resolution Professional to consider such a late claim in accordance with the approved resolution plan.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Rajan Ghoshrave ...Appellant Versus Rajesh Ramnani, Resolution Professional Ansal Urban Condominiums Pvt. Ltd. ...Respondent
Present: For Appellant : Ms. Akanksha, Ms. Videh Vaish and Mr. Lalit Mohan, Advocates.
For Respondent : Mr. Sameer Rohatgi, Mr. Shivanshu Kumar, Mr. Kartikey and Mr. Rajesh Ramani, Advocates for RP.
ORDER
(Hybrid Mode)
14.10.2024 : This Appeal has been filed challenging the Order dated
19.07.2024 passed by the Learned Adjudicating Authority (National Company
Law Tribunal, New Delhi Bench, Court III) in I.A. 2165 of 2024.
2. Appellant claims to have filed a claim on 07.03.2024. The Adjudicating
Authority disposed of the Application I.A. 2165/2024 noticing that Plan
having already been approved on 09.08.2023, the Resolution Professional
may consider the claim in accordance with the provisions in the Resolution
Plan.
3. Counsel for the Appellant challenging the Order refers to an email dated
24.06.2023 which is filed as Page 56 of the Appeal Paper Book. It is submitted
that Appellant had filed the Claim and was under bona fide impression that
claim has been admitted.
4. We have considered the submissions of the Counsel for the Appellant
as well as Counsel appearing for the Resolution Professional and perused the
record.
5. From the Order of the Adjudicating Authority, it is clear that Resolution
Plan was approved by the CoC on 09.08.2023 i.e., prior to submission of the
claim by the Appellant.
6. The email dated 24.06.2023, on which Appellant is placing reliance
does not change the fact that claim has been filed subsequent to approval of
the Plan by the CoC. Plan having already been approved, Adjudicating
Authority did not commit any error in directing the Resolution Professional to
consider the claim of the Appellant as per Resolution Plan.
We thus do not find any ground to interfere with the Impugned Order.
Appeal is dismissed.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical)
[Arun Baroka] Member (Technical) himanshu/nn
Comp. App. (AT) (Ins.) No. 1802 of 2024 & I.A. No. 6578 of 2024 2 of 2
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