Yogesh Kumar Gupta vs Resolution Professional For Opulent ...
- CitationCompany Appeal (AT) (Insolvency) No. 990 of 2025
Ratio decidendi
The rule this decision rests on
The tribunal condoned the delay in filing the appeal on the ground that the appellant applied for the certified copy and received it only on 23.04.2025, and that the application gives reasons for the delay. Where the Resolution Professional states that a belated claim will be considered under the approved resolution plan's treatment of claims, and the appellant is already in possession of the unit, there is no reason to keep the appeal pending; the appeal is disposed of on that basis, without a determination of the adjudicating authority's rejection of the claim's condonation of delay.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: Yogesh Kumar Gupta & Anr. ...Appellants Versus Resolution Professional for Opulent Infradevelopers (P) Ltd. ...Respondent
Present: For Appellants : Mr. Vaibhav Mahajan, Advocate. For Respondent : Mr. Abhishek Parmar, Advocate for R-8.
ORDER
(Hybrid Mode)
15.09.2025: I.A. No. 3874 of 2025: This is an application praying for
condonation of 15 days' delay in filing the appeal. The Appellants' case is that
he applied for the certified copy which was provided only on 23.04.2025. The
Appellant has also given reason for delay in filing of the appeal in Para 4 of
the application. We find sufficient cause in the application to condone the
delay. Delay condoned. I.A. No.3874 of 2025 is disposed of.
2. In pursuance of earlier order passed by this Tribunal on 25.08.2025,
an Affidavit on behalf of the Resolution Professional has been filed. This
appeal has been filed against order dated 17.04.2025 by which order the
Adjudicating Authority has rejected IA No.1796 of 2024 filed by the Appellant.
Appellant by the Application has prayed for condonation of delay in filing the
claim, which has been rejected by Adjudicating Authority. The CoC has
approved the Resolution Plan on 08.07.2023 whereas the claim by the
Cont'd.../ Appellant has been filed subsequent to the approval of plan by the CoC. The
Affidavit filed by the Resolution Professional in Para 11 and 12 states as
follows:
"11. That the Clause 8 (iv) of Chapter 7 Financial Proposal of Resolution Plan states the treatment of delayed as claims as follows:
"Before submission of this Resolution Plan to COC, any claim received from any person claiming to be Flat Owner/Allottees of the Corporate Debtor, who has not filed their claim with the Resolution Professional; or if filed, has remained undecided, shall not stand extinguished for a period of One month from the date of the approval of the Plan by NCLT and for this period they shall be dealt according to the merits of the case, and by way of proper verification of the documents, held.by the allottees. However, for such claims accepted in this period of One month the compensation/ interest/penalty/ other charges, by court order or by BBA, or by any other adjudicating authority shall be deemed to be permanently extinguished by virtue of the order of the NCLT approving this Resolution Plan and the Company or the Applicant or shall at any point of time be, directly or indirectly held responsible or liable in relation thereto."
12. That for the treatment of allottees/homebuyers, Successful Resolution Applicant under the Resolution Plan seeks concession/reliefs under Chapter 11 from Hon'ble Adjudicating Authority to direct NOIDA Authority to issue occupancy certificate in favor of Marriott Tower, and allow flat to be registered in the name of allottees. The relevant Clause 9 of Chapter 11 under Resolution Plan is produced as follows:
"Noida Authority shall be directed to issue Occupancy Certificate/ Completion Certificate and allow flats to be registered in the name of the Homebuyers of the Marriott Tower"."
Comp. App. (AT) (Ins.) No. 990 of 2025 2 of 3
3. Learned counsel for the Resolution Professional submits that the claim
of the Appellant shall be considered as per Clause 8(iv) of Chapter 7, which
has been captured in Para 11 of the Affidavit. In so far as execution of
registration of the sale deed in the name of the Homebuyer, it shall be after
occupancy certificate/ completion certificate is issued by order. Appellant
has already been given possession of the unit and he has in continued
possession of the unit. As far as registration is concerned, as per Clause 9 of
Chapter 11 it shall also be dealt accordingly. Since the Resolution
Professional has submitted that the claim of the Appellant shall be considered
as per the Resolution Plan, we see no reason to keep this appeal pending.
Appeal is disposed of accordingly.
[Justice Ashok Bhushan] Chairperson
[Barun Mitra] Member (Technical) Archana/nn
Comp. App. (AT) (Ins.) No. 990 of 2025 3 of 3
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