Shikhar Buidtech vs Rabindra Mintri

Shikhar Buildtech ...Appellant(s)

Versus

Rabindra Mintri & Anr. ...Respondent(s) Present: For Appellant : Mr. Vaibhav Singh, Mr. Chirag Goel, Mr. Madhav Suri, Mr. Ashok Kr., Advocates. For Respondents : Ms. Varsha Banerjee, Advocate for SRA.

ORDER

(Hybrid Mode) 07.04.2025: IA No. 1452 of 2025- This is an application praying for

condonation of delay of 15 days in filing of the appeal. The Appellant's case

is that Appellant who is a homebuyer became aware of the CIRP only after

approval of the Resolution Plan upon publication of a public notice on

10.12.2024, which invited claims from allottees who had not submitted their

claims earlier.

It is submitted that due to the aforesaid reason, the delay has

arisen. We find sufficient cause shown in the application for condonation of

delay. Delay condoned.

This appeal has been filed challenging the order dated 03.12.2024

passed by the National Company Law Tribunal, New Delhi Bench, Court -IV

by which Adjudicating Authority has allowed the application filed by the

Resolution Professional for approval of the Plan of the Corporate Debtor M/s

Som Resorts Pvt. Ltd.

2. Appellants case is that he came to know about the approval of the

plan subsequent to publication of a public notice on 10.12.2024 and

thereafter he filed a claim which has not been accepted by SRA.

3. From the facts of the case as brought on record it is clear that

appellant was not a stakeholder in the CIRP of the Corporate Debtor and he

did not file any claim. He filed the claim subsequent to publication as per

the Resolution Plan and the grievance of the appellant is that his claim has

not been verified by the SRA.

4. Ld. Counsel for the SRA submits that the claim could not be verified

hence appellant has not been treated as allottee.

5. We are of the view that the remedy available to the appellant is to

challenge subsequent action of the SRA not verifying the claim. However, the

appellant cannot be allowed to challenge the Resolution Plan which was

approved by adjudicating authority on 03.12.2024. Thus this appeal cannot

be entertained challenging the approval of the Resolution Plan. There shall

be liberty to the appellant to file an appropriate application before the

adjudicating authority in accordance with law with regard to his claim being

not verified by the SRA.

6. Subject to the above, the appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical) sr/nn