9911796707
TMI Blog2024 (2) TMI 569X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Plan in May 2022 and could file the claim only on 09.06.2022. No claim having been filed till the approval of the Resolution Plan, no relief can be granted to the Appellants in the present Appeal. The impugned order passed by the Adjudicating Authority has already been upheld. It is pleaded on behalf of the RP that the Promoters of the Corporate Debtor has abandoned the project and no records were available and whatever records could be collected from the Flat Buyers, on that basis the Information Memorandum was prepared. The Plan having already been approved by the Adjudicating Authority, no new claim can be admitted. The dismissal of the Appeal shall not preclude the Appellants to approach the Successful Resolution Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Learned Counsel for the Appellants submit that the Appellants being unaware of the CIRP, could not file their claim and Resolution Professional ( RP ) was obliged to reflect the amount paid by the Appellants in the Information Memorandum. The Information Memorandum did not contain any details regarding the unit of the Appellants. As per the judgment of this Tribunal in Puneet Kaur Vs. K V Developers Pvt. Ltd., the RP was obliged to refer to the amount received by the Corporate Debtor. 5. The learned Counsel appearing for RP as well as Successful Resolution Applicant ( SRA ) refuting the submissions of learned Counsel for the Appellant submit that the Appellants having not filed their claim up to the date when the Resolution Plan was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2022, the Appellants filed a Claim with the Resolution Professional in terms of Form- CA under Regulation 8A of the CIRP Regulations, 2016for Principal amount of Rs 24,02,705/- along with interest @18% per annum till the date of commencement of insolvency, i.e., 04.05.2018, i.e., for a total amount of Rs. 50,43,837/-. A true copy of the communication to the Resolution Professional with Form-CA (without enclosures) dated 09.06.2022 is annexed herewith as Annexure A-14. 8. No claim having been filed till the approval of the Resolution Plan, we are unable to grant any relief to the Appellants in the present Appeal. The impugned order passed by the Adjudicating Authority has already been upheld by us. It is pleaded on behalf of the RP tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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