Sp Probuild Llp vs Rabinder Kumar Mintri
- CitationCompany Appeal (AT) (Ins) No. 901 of 2021
Ratio decidendi
The rule this decision rests on
The reasoning here is thin, but it is present: the Tribunal holds that, because the appellant's claim was filed after the resolution plan was approved and at a stage when no order in the appellant's favour could be passed on the application, the application was rightly held infructuous and the appeal discloses no ground to entertain.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: SP Probuild LLP ...Appellant Vs. Rabinder Kumar Mintri (Resolution Professional - Today Homes Noida India Ltd. ...Respondent
Present: For Appellant: Mr. Anil Kher, Sr. Advocate with Mr. Kapil Kher, Mr. Kunal Kher, Mr.Sandeep Thukral, Advocates
For Respondent: Mr. K.Datta Sr. Advocate (RP), Mr. Apoorv Agarwal (RP)
ORDER
(Through Virtual Mode)
10.11.2021: This appeal has been filed u/s 61 of 'Insolvency &
Bankruptcy Code', 2016 (IBC)passed by 'NCLT' New Delhi dated 21.09.2021 in
I.A. No. 3213/2021 in Insolvency Petition CP (IB) 923 (PB) 2018. The IRP issued
publication for inviting claim till 03.09.2019. The 'Committee of Creditors' (CoC)
has approved the 'Resolution Plan' on 04.03.2020 whereas the Appellant has
filed its claim before the 'Resolution Professional' (RP) on 16.06.2020. The RP
has rejected the claim thereafter the Appellant has filed the IA No. 3213/2021
on 19.04.2021.
Learned Adjudicating Authority dismissed the application on 21.09.2021
observing that the application has become infructuous.
Learned Counsel for the Appellant submits that the Appellant has paid the
full consideration of the 41 flats, therefore, he became the owner of the flats. Company Appeal (AT) (Ins) No. 901 of 2021 1 We have heard Shri Kher for the Appellant and Learned Counsel for RP.
We are of the view that at the stage when the application was filed by the
Appellant no order could have been passed in his favour as prayed for under the
Application. We do not find any ground to entertain this Appeal.
The Appeal is dismissed in limine.
[Justice Ashok Bhushan] Chairperson
[Justice Jarat Kumar Jain] Member (Judicial)
[Dr. Ashok Kumar Mishra] Member (Technical) Shashi/Nn
Company Appeal (AT) (Ins) No. 901 of 2021 2
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