Rama Hina Nabam vs Akash Shinghal And Anr

IN THE MATTER OF: Rama Hina Nabam ...Appellant

Versus Akash Singhal & Anr. ...Respondents

Present: For Appellant: Mr. Abhimanyu Tewari and Mr. Tushar Bathija, Advocates. For Respondents: Mr. Ashish Makhija and Ms. Akanksha Vasudeva, Advocates for R-1. Mr. Abhishek Anand and Mr. Karan Kohli, Advocates for R-2.

ORDER

(Virtual Mode)

19.05.2022: Heard learned counsel for the Appellant. This Appeal has

been filed against order dated 05.04.2021 by which order the Resolution Plan

with regard to Corporate Debtor - 'Earth Infrastructure Ltd.' has been approved.

2. The Appellant claim to be Financial Creditor who has deposited the

amount with the Corporate Debtor but cannot know about the publication nor

he could file claim before the Resolution Professional. The Appellant submits

that he was not aware about any CIRP proceeding, hence, he has sent letter on

19.03.2022 to the Respondent No. 1 and sent letter on 05.04.2022 to the

Resolution Applicant.

Cont'd.../ 2

3. We are of the view that Appellant having not filed any claim and the

Resolution Plan having got approved by the Adjudicating Authority, his grievance

cannot be considered in this Appeal. In the synopsis of the Appeal it is

mentioned that in March, 2022 Appellant approached the Resolution Applicant.

It is always open for the Appellant to approach the Resolution Applicant and

request for consideration and it is for the Resolution Applicant to consider and

take any measure as permissible in law. With these observations, we dismiss

this Appeal.

[Justice Ashok Bhushan] Chairperson

[Shreesha Merla] Member (Technical)

[Naresh Salecha] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No. 549 of 2022