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ONE PAGE 34 – In the matter of P dot G Constructions Pvt Ltd

ONE PAGE 34 – In the matter of P dot G Constructions Pvt Ltd
Can the claims be accepted after approval of Rplan?
Court:  NCLT Chen & NCLAT Chennai Bench AT# 91/2021 Dt:14.06.2021

1. Background:

a. Delay of 14 days was allowed and the matter taken on record & heard by NCLAT, in furtherance of substantial cause of justice.

b. Appellant is a home buyer and he is aggrieved that NCLT dismissed his IA on the ground that the Rplan has already been approved.

c. Appellant filed IA seeking for a direction to the RP to clear the partial claim, rejected by the RP.

d. Appellant says that he paid total sale consideration of Rs.28.68 lakhs to CD and RP admitted only the partial claim of Rs.10.5 lakhs instead of admitting his claim in full and that the RP in his mail dated 29.01.2021 quoted the reason as ‘not reflected in the books of CD’.

2. List of Dates:

06.08.2018            Appellant submitted his claim before RP in form CA.

13.12.2019:           Rplan approved by NCLT

18.02.2020:           Appellant filed the IA856 at NCLT for direction on his partial claim

12.02.2021:           NCLT dismissed IA294 in CP/193/2018 filed by the Appellant for his partial claim

3. Judgment by NCLAT:

a. NCLT’s order in the teeth of the Hon’ble Supreme Court decision in the matter of COC of Essar Steel India Ltd vs Satish Kumar Gupta free from legal infirmities.

b. Appeal sans Merit and hence dismissed with no costs.

MS Mano Ranjani

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