Alka Ramanlal Gandhi Vs Atul Tansukhlal Mehta (NCLT Mumbai)
The NCLT Mumbai considered five interlocutory applications filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, seeking directions to the Resolution Professional (RP) of the Corporate Debtor to condone delays ranging from 520 to 618 days in filing claims and to admit those claims. The applicants comprised four homebuyers (allottees) and one operational creditor.
The Corporate Debtor was admitted into the Corporate Insolvency Resolution Process (CIRP) on 06.06.2023. A public announcement in Form A was issued on 16.06.2023 inviting claims, and the Committee of Creditors (CoC) was constituted. The CIRP was extended for nearly 570 days, following which the CoC approved a resolution plan with 100% voting on 21.11.2024. The application seeking approval of the resolution plan was pending before the Tribunal when the present applications were filed.
The homebuyer applicants submitted that they had entered into registered agreements for purchase of flats, had paid substantial consideration, and became aware of the CIRP only in December 2024 or May 2025. One applicant claimed allotment of a flat in consideration of advertising and marketing services together with part monetary payment. They contended that they promptly filed claims after learning about the CIRP, but the RP rejected the claims on the ground that the resolution plan had already been approved by the CoC. The operational creditor similarly submitted that it supplied ready-mix concrete to the Corporate Debtor, remained unaware of the CIRP due to personal circumstances, and filed its claim immediately after acquiring knowledge, which was also rejected.
