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Sunny Grover vs Value Infracon India Pvt. Ltd. & Anr

National Company Law Appellate Tribunal8 July 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority was entitled to dispose of a homebuyer's application by following the Appellate Tribunal's earlier decision in a materially similarly situated homebuyer's case, and so long as the claimant is given liberty to approach the Swiss Resolution Authority (SRA) with details of payments made to the corporate debtor, it is for the SRA, not the Tribunal, to determine the matter on those details.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNAL,PRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Insolvency) No. 1050 of 2024& I.A. No. 3817 of 2024

In the matter of: Sunny Grover ....Appellant Vs. Value Infracon India Pvt. Ltd. & Anr. ...Respondent For Appellant Mr. Achint Kumar, Advocate. For Respondent

ORDER

(Hybrid Mode)

08.07.2024: This appeal has been filed challenging the order passed by

the Adjudicating Authority dated 04.03.2024 in IA No. 6341 of 2023 filed by

the appellant. Appellant claim to be homebuyer who has filed a claim on

21.08.2023 whereas the plan was approved by the Adjudicating Authority on

28.04.2022. After approval of the plan, the claim was filed which was not

considered by the Resolution Professional, hence, IA No.6341 of 2023 was

filed. Adjudicating Authority, noticing an order of this Tribunal dated

09.02.2024 passed in Company Appeal (AT) (Insolvency) No.832 of 2022 filed

by Mrs. Ranju Kumari against Value Infracon India Pvt. Ltd. & Ors. i.e.

claimant who was similarly situated, disposed of the application in terms of

the order passed by this Tribunal in case of "Mrs. Ranju Kumari vs. Value

Infracon India Pvt. Ltd. & Ors".

2

2. We are of the view that the Adjudicating Authority did not commit any

error in disposing of IA of the appellant in terms of the judgment of this

Tribunal in Ranju Kumari (supra). Liberty having been given to the appellant

to approach SRA and to give details of payments given to the corporate debtor

and it was for the SRA to take a call. We, thus, are of the view that disposal of

the application of the appellant in terms of the said order is in accordance with

law and there was no ground to interfere with the order impugned. Appellant

having been given liberty, he may approach the SRA and it is for the SRA to

look into the matter.

3. Subject to above, appeal is dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Anjali/nn

Company Appeal (AT) (Insolvency) No. 1050 of 2024 & I.A. No. 3817 of 2024

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