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TMI Blog2021 (6) TMI 732X X X X Extracts X X X X X X X X Extracts X X X X ..... praying for the following reliefs:- a. Allow the present Application and direct the RP to accept the claim filed by the Applicant/Financial Creditor; b. Pass any such order/order (s) that this Tribunal may deem fit and proper in the interest of justice. 2. The brief facts leading to filing of the instant application are as follows: a. That the Applicant/Financial Creditor had booked two units being Unit A-46 and A-12 in the project of the Corporate Debtor. b. Though the units were booked and allotted in March, 2013 and booking amount was also paid, the Builder Buyer Agreement ("BBA") came to be executed on 03.10.2013. Accordingly, the parties entered into BBA dated 03.10.2013 for Unit No. A-46, Block A, measuring 1765 sq. ft. and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Applicant/Financial Creditor was in the process of filing its claim before the RP, however due to the outbreak of Covid-19 and the non-availability of requisite documents, the same could not be filed within time. ii. That as soon as the lockdown was lifted by the Government, the Applicant/Financial Creditor collated requisite documents and filed its claim before the IRP vide email dated 18.08.2020. g. That after filing the said claim by email dated 18.08.2020, the Applicant/Financial Creditor received a reply from the RP stating that the prescribed time period for submission of the claim has already expired and that the Committee of Creditors ("COC") has approved the Resolution Plan on 31.07.2020 and the same is pending for adjudic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... btor to enter into settlement and considering that the approved Resolution Plan is still pending approval before this Tribunal, the present Application is deemed to be allowed and the RP is liable to be directed by this Tribunal to admit/accept the claim filed by the Applicant/Financial Creditor. 3. We have heard the Ld. Counsel for the applicant as well as RP (Resolution Professional) and perused the averments made in the application. 4. Ld. Counsel for the applicant has raised all the facts mentioned in the application and further submitted that it was on their application, the CIRP (Corporate Insolvency Resolution Process) against the Corporate Debtor was initiated. 5. He further contended that against that order, the Corporate Debtor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial creditor and bank statement. 11. We further notice that on page 19 of the application, the applicant had enclosed the list of allottees, who have not filed the claim as on 30.06.2020 and this list was also available on the website of the Resolution Professional. 12. We further notice that while submitting the claim form, the applicant has submitted the same documents as submitted by him alongwith the main application. 13. This Bench is aware of the decisions of Hon'ble Supreme Court in the case of Committee of Creditors Essar Steel India Limited Vs. Satish Kumar Gupta and Ors. in Civil Appeal No. 8766-67 of 2019; and in the case of Jaypee Kensington Boulevard Apartments Welfare Association and Ors. Vs. NBCC India Pvt. Ltd. and Or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also reflected in the order of the Hon'ble NCLAT. This fact has also not been denied by the RP. 18. In our considered view, the facts of this matter are different from the facts and circumstances of the cases referred Supra. Here, it is not for the first time that the claim came to the knowledge of the RP or Resolution Applicant, rather all the documents as required to prove the claim by the creditor in class under Regulation 8A of IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016 were already available with the RP. 19. For the reasons discussed above and in view of the peculiar facts and circumstances of the case, we are inclined to give a direction to the RP to consider the claim of the applicant. 20. A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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