# In the matter of C & C towers Limited IA No. 98,180 & 751-2022 in CP (IB) No.105-Chd-Hry-2019

> NCLT judgment dated 2022-09-30. Citation: TCN-2022-NCLT-00864. The case involves multiple applications (IA No. 98/2022, IA No. 180/2022, and IA No. 751/2022)…

- **Court:** NCLT
- **Order date:** 30 Sept 2022
- **Citation:** TCN-2022-NCLT-00864
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/c-c-towers-limited-ia-no-98180-751-2022-in-cp-ib-no105-chd-hry-2019-21ebb225

## Summary

### Background

The case involves multiple applications (IA No. 98/2022, IA No. 180/2022, and IA No. 751/2022) filed under Section 60(5)(c) of the Insolvency and Bankruptcy Code (IBC), 2016. These applications were filed by different applicants seeking the admission of their claims, inclusion in the Committee of Creditors (CoC), and declaration of rights over specific units in the corporate debtor's project. The Corporate Insolvency Resolution Process (CIRP) was initiated on 10.10.2019, with a public announcement made on 12.10.2019 and a claim submission deadline of 24.10.2019. The resolution plan of Mahakram Developers Private Limited (MDPL) was approved by 68.21% votes on 12.04.2021, and the application for approval was filed on 11.06.2021. The applicants filed their claims after

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## Facts

The Corporate Insolvency Resolution Process (CIRP) for C & C Towers Limited was initiated on 10.10.2019. The IRP made a public announcement on 12.10.2019, setting 24.10.2019 as the last date for claim submissions. The Resolution Professional received resolution plans from two prospective resolution applicants (PRAs). The resolution plan of Mahakram Developers Private Limited (MDPL) was put to a vote in the 17th CoC meeting on 30.04.2021 and was approved by 68.21% votes as notified on 12.04.2021. The application for approval of the resolution plan was filed on 11.06.2021. Several applicants, including Gharinder Singh Kathuria, Joginder Singh Gulati, Ashok Kumar Ghai, Harvinder Kaur, and Rajinderpal Singh Walia, filed individual applications (IA No. 98/2022, IA No.

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## Issues and analysis

### Issue 1: Whether the claims filed by the applicants after the approval of the resolution plan can be …

**Ratio:** The ratio is based on the principle that all claims must be submitted and decided before

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**Reasoning:** The court reasoned that allowing claims after the approval of the resolution plan would

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**Interpretation:** This issue involves the interpretation of Section 31 of the IBC, which deals

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**Application:** In this case, the applicants filed their claims after the approval of the

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## Parties

- **Judges:** Harnam Singh…; SUBRATA KUM…
- **Appellants:** Kusum C…
- **Respondents:** C & C Towers…
- **Advocates:** R. S. Ra…; Ajay Bha…; +4 more

## Timeline

- **2019-10-10 — CIRP Init…**: The CIRP of the…
- **2019-10-12 — Public Annou…**: The IRP made the public…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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