Friday , Oct. 4, 2024, 4:57 a.m.
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IBC proceedings are time bound; belated claim by creditor cannot be considered: NCLAT

The applicant, Pooja Mehra, a home buyer invested a sum of ₹50 lakh in a project in Noida. The project was being developed by Dream Procon Pvt Ltd.Dream Procon failed to handover possession of the buildings and also failed to refund the money. Mehra submitted a claim before the Committee of Creditors (CoC) after a delay of 552 days after approval of resolution plan by the CoC. The resolution plan was pending consideration before NCLT Delhi. Mehra then approached NCLT Delhi seeking directions to the CoC to accept her belated claim despite approval of resolution plan.

The applicant, Pooja Mehra, a home buyer invested a sum of ₹50 lakh in a project in Noida. The project was being developed by Dream Procon Pvt Ltd.

Dream Procon failed to handover possession of the buildings and also failed to refund the money. Insolvency proceedings were then initiated and the developer was admitted to insolvency.

A Resolution Professional was appointed and called for claims from creditors.

Mehra submitted a claim before the Committee of Creditors (CoC) after a delay of 552 days after approval of resolution plan by the CoC. The resolution plan was pending consideration before NCLT Delhi. However, the RP failed to accept or reject the claim within 7 days.

Mehra then approached NCLT Delhi seeking directions to the CoC to accept her belated claim despite approval of resolution plan. However, NCLT rejected her application prompting her to move NCLAT.

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