Reena Vs Rabindra Kumar Mintri & Anr (NCLAT Delhi)
NCLAT Delhi held that the resolution professional is obliged to treat claims of genuine homebuyers, whose payments being reflected in the account of Corporate Debtor, at par with other homebuyers even when there was delay in filing their claims.
Facts- These Appeals have been filed against the same order passed by the Adjudicating Authority (National Company Law Tribunal) Principal Bench, New Delhi in different IAs filed by the Appellants before the NCLT praying for acceptance of their belated claims with other reliefs. By the impugned order dated 22.01.2025, the Adjudicating Authority has dismissed the IAs filed by the Appellants seeking admission of the claims observing that the Applicants were filed beyond 90 days of Corporate Insolvency Resolution Process (CIRP) commencement date. Aggrieved by the order, these Appeals have been filed.
Conclusion- Thus, as per the order dated 05.03.2024 of the Adjudicating Authority itself as well as the order of this Tribunal dated 08.05.2024 as noted above, the applications filed by the Appellant were required to be considered on merits and Adjudicating Authority has to advert to the applications and take a decision as to whether the applicants belated claim can be admitted or not in the facts of the present case.
