# In the matter of SP Propbuild LLP vs. Rabindra Kumar Mintri, Resolution Professional of Today Homes Noida Pvt. Ltd. Company Appeal (AT) (Insolvency) No.1529 of 2022

> NCLAT judgment dated 2023-07-04. Citation: TCN-2023-NCLAT-00407. The appeal was filed by SP Propbuild LLP challenging the order dated 30.11.2022 passed by the…

- **Court:** NCLAT
- **Order date:** 4 Jul 2023
- **Citation:** TCN-2023-NCLAT-00407
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/sp-propbuild-llp-vs-rabindra-kumar-mintri-resolution-professional-of-today-homes-58b885cb

## Summary

### Background

The appeal was filed by SP Propbuild LLP challenging the order dated 30.11.2022 passed by the Adjudicating Authority (National Company Law Tribunal), Principal Bench, New Delhi, which rejected I.A. No. 3640 of 2022 in C.P. (IB) No. 923(PB)/2018. The Corporate Debtor, Today Homes Noida Pvt. Ltd, was admitted into insolvency on 20.08.2019. The IRP invited claims, with a deadline of 03.09.2019. The Appellant filed its claim in Form CA on 16.06.2020, which was rejected by the Resolution Professional on 24.03.2021, citing it as time-barred and the Resolution Plan already approved on 03.03.2021. The Appellant then filed I.A. No. 3213 of 2021, challenging the rejection, but it was also rejected on 21.09.2021. An appeal against this rejection was dismissed on 10.11.2021. The

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## Facts

SP Propbuild LLP, the Appellant, filed a claim in Form CA on 16.06.2020, which was rejected by the Resolution Professional of Today Homes Noida Pvt. Ltd. on 24.03.2021 because it was time-barred and the Resolution Plan had already been approved on 03.03.2021. The Corporate Debtor, Today Homes Noida Pvt. Ltd, was admitted into insolvency on 20.08.2019. The IRP invited claims, with a deadline of 03.09.2019. The Appellant filed I.A. No. 3213 of 2021 challenging the rejection of its claim, but it was rejected on 21.09.2021. An appeal against this rejection was dismissed on 10.11.2021. The Appellant challenged this dismissal before the Supreme Court, which dismissed the Civil Appeal on 12.01.2022. The Appellant then filed I.A. No. 3640 of 2022, seeking directions based on a

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in rejecting …

**Ratio:** The principle of res judicata prevents the same issue from being reagitated in the same

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**Reasoning:** The court reasoned that the substantial prayer in I.A. No. 3640 of 2022, which was to

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**Interpretation:** The principle of res judicata, though a part of the Code of Civil Procedure

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**Application:** The Appellant's attempt to reagitate the issue of admitting its claim, which

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## Parties

- **Judges:** Ashok Bh…; Naresh Sa…
- **Appellants:** SP Propbui…
- **Respondents:** Today Homes Noida…; Rabindra Kumar…

## Timeline

- **2018-01-01 — CP (IB) No. 923…**: Proceedings initiated…
- **2019-08-20 — CIRP Commen…**: Corporate Debtor…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 30(6) — Submission of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-30)

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