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TMI Blog2025 (1) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... e RP to admit and include its claims in the capacity of Financial Creditor. It is evident to note in its order dated 04.11.2022 the Ld. NCLT had kept IAs No.5284 and 5181 of 2022 pending and the RP was rather directed to place on record his decision before the Tribunal. Further on both these IAs viz. No.5181/2022 and 5284/2022 the arguments were finally heard on 1.11.2023 despite the decision dated 10.11.2022 of the RP on record, and parties were even given liberty to file written synopsis alongwith case laws. However, if one peruse the impugned order the arguments made in IA No.5284/2022 as well as in IA No.5181/2022 were never discussed and such applications were , disposed off in terms of orders passed on 13.09.2023 by the Ld. NCLT thoug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by the National Company Law Tribunal, New Delhi (Bench III) in IA No.5181/2022 and IA(IBC) No.5284/2022 in Company Petition (IB) No.440/ND/2021. 2. On 17.08.2022, the Ld. NCLT, New Delhi (Bench III) allowed application under Section 7 of IBC, 2016 of Home Buyers and admitted the Corporate Debtor in CIRP. 3. On 01.09.2022, the appellant filed claim amounting to Rs.10,75,52, 989/- as homebuyer in Form CA via email dated 01.09.2022, with all the supporting documents, as a financial creditor in a class with Claim ID LOGIX-823 in Company Appeal (AT)(Ins) No.750/2024 and also on 01.09.2022 the appellant filed claim form via email dated 01.09.2022 alongwith all supporting documents to the tune of Rs.1,79,20,106/- as operational creditor and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med to be free inventory and the Resolution Applicant shall have all the exclusive rights to deal with the same. However, if any allottee have preferred to take legal recourse against the decision of RP then RA hereby agrees to abide by the decision of the Hon ble Court. 8. It is the submission of the learned counsel for the appellant his applications were disposed of without hearing on merits. A bare perusal of IA 5284/2022 would show it was for a direction to the Respondent/RP to admit and include Claim ID LOGIX-823 for Rs.10,75,52,989/- as made by the appellant in the capacity of Financial Creditor in the list of Creditors and to consequently reconstitute the CoC with Appellant as a Member holding corresponding voting share and in the me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n days and to file a copy too, but the applications were kept pending and were listed alongwith other IAs. 12. Admittedly the decision was taken by the RP vide his order dated 10.11.2022 rejecting the claim of the appellant. It is argued by the RP the appellant did not file any appeal against the order dated 10.11.2022 and per Section 42 of the IBC it ought to have been filed within 14 days. 13. Section 42 of the IBC is as under : - *42. A creditor may appeal to the Adjudicating Authority against the decision of the liquidator accepting or rejecting the claims within fourteen days of the receipt of such decision. 14. It was argued by the RP that where the Ld. NCLT had acted upon IAs 5284 and 5181 of 2022, and directed the RP to consider its ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... terms of orders passed on 13.09.2023 by the Ld. NCLT though such orders had nothing to do with issues involved in the present IAs filed by the appellant. The issue in those applications was to consider the belated claims or to hand over the possession of the flats to bona fide allottees (including RERA decree holders) irrespective of whether they (RERA decree holders) have filed their claims or not or filed their claims after 90 days from CIRP date but claims were not admitted due to late filing and the Ld. Counsel for RP rather submitted all bona fide allottees irrespective of whether they have filed claims or not or had filed belated claims will be given possession of the flats. Thus the issue involved in those applications was entirely ..... X X X X Extracts X X X X X X X X Extracts X X X X
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