# In the matter of Dream Procon Pvt. Ltd. {I.A- 3764-2021 in IB-1771(ND) 2018}

> NCLT judgment dated 2023-08-11. Citation: TCN-2023-NCLT-02032. The application was filed seeking directions to the Resolution Professional to admit the claim…

- **Court:** NCLT
- **Order date:** 11 Aug 2023
- **Citation:** TCN-2023-NCLT-02032
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dream-procon-pvt-ltd-ia-3764-2021-in-ib-1771nd-2018-9ffaf3b7

## Summary

### Background

The application was filed seeking directions to the Resolution Professional to admit the claim of the Applicant. The claim was filed after the approval of the Resolution Plan by the Committee of Creditors. The Committee of Creditors had approved the Resolution Plan by 90.66% votes in its 11th meeting held on 07.05.2021.

## Facts

Ms. Priyanshi Arora, the Financial Creditor, filed a claim against M/s. Dream Procon Pvt. Ltd., the Corporate Debtor, after the Resolution Plan had already been approved by the Committee of Creditors (CoC) on 07.05.2021 with 90.66% votes. The claim was filed on 16.07.2021. The Resolution Professional had reflected the unit for which the claim was filed in the list of flats, but the applicant did not file any claim earlier. The NCLAT in Puneet Kaur's case held that claims filed after the approval of the plan by the CoC cannot be admitted.

## Issues and analysis

### Issue 1: Whether the Resolution Professional should be directed to admit the claim of the Applicant, which …

**Ratio:** Claims filed after the approval of the Resolution Plan by the Committee of Creditors

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**Reasoning:** The Hon'ble NCLAT in the case of Puneet Kaur versus M/s. K.V. Developers Private Limited

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**Interpretation:** The legal principle establishes a clear timeline for submitting claims in the

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**Application:** The Applicant filed the claim after the Resolution Plan was approved by the

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** Priyanshi…
- **Respondents:** M/s Dream Procon…; Nilesh S…

## Timeline

- **2021-05-07 — Resolution Plan…**: Committee of Creditors approved the Resolution…
- **2021-07-16 — Claim Fi…**: The Applicant filed the claim after the approval of the Resolution Plan by the Committee…

## 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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