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Toyota Financial Services India Ltd vs Sapan Mohan Garg And Anr

National Company Law Appellate Tribunal28 February 2024Ashok Bhushan

Ratio decidendi

The rule this decision rests on

A claim by a creditor filed after the Adjudicating Authority-approved timeline, and after the Committee of Creditors has approved the resolution plan, may be rejected by the Resolution Professional and the rejection upheld by the Adjudicating Authority where the claim is filed more than two and a half years after the plan's approval by the Committee of Creditors, the Tribunal finding no error in that refusal to admit the late claim.

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

Judgment

As delivered

NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHICompany Appeal (AT) (Ins.) No. 1449 of 2023IN THE MATTER OF:

Toyota Financial Services India Ltd. ...Appellant

Versus

Sapan Mohan Garg & Anr. ...Respondent

Present: For Appellant: Mr. Shankar Sen, Advocate. For Respondent:

ORDER

(Hybrid Mode)

28.02.2024: Heard learned counsel for the Appellant. This Appeal has

been filed against the order passed by the Adjudicating Authority dated

12.09.2023 in I.A. No.3643 of 2023. I.A. was filed by the Appellant seeking a

direction to accept the claim of the Applicant as Financial Creditor of M/s MK

Overseas Pvt. Ltd (Corporate Debtor). The CIRP of the Corporate Debtor

commenced on 19.09.2019. In the CIRP, the CoC approved the Resolution

Plan on 27.11.2020. Appellant filed its claim only on 23.05.2023, which was

not accepted by the Resolution Professional thereafter I.A. was filed before the

Adjudicating Authority. The Adjudicating Authority rejected the application

taking the view that CIRP having commenced on 19.09.2019 and Resolution

Plan being approved by the CoC on 27.11.2020, claim at this stage cannot be

accepted.

2. Learned counsel for the Appellant submits that the application for

approval of Resolution Plan is still pending before the Adjudicating Authority.

Cont'd.../ -2-

3. Be that as it may. The Resolution Plan having approved by the CoC on

27.11.2020 and claim has been filed by the Appellant more than two and half

years thereafter, we see no error in the order of the Adjudicating Authority

rejecting I.A. No.3643 of 2023 filed by the Appellant. There is no error in the

order of the Adjudicating Authority warranting any interference. Appeal is

dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

[Arun Baroka] Member (Technical) Archana/nn

Company Appeal (AT) (Insolvency) No.1449 of 2023

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