# 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-02070. 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-02070
- **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-a85f2cc0

## Summary

### Background

The application was filed seeking directions to the Resolution Professional to admit the claim of the Applicant. The Applicant filed the claim 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 Applicant, filed a claim with the Resolution Professional of M/s. Dream Procon Pvt. Ltd. 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's records reflected the unit related to the claim, but the Applicant had not previously filed a claim. The NCLAT in Puneet Kaur versus M/s. K.V. Developers Private Limited Company Appeal (AT) (Insolvency) No. 390 of 2022 dated 01.06.2022, had already established that claims filed after the approval of the resolution plan cannot be admitted.

## Issues and analysis

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

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

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**Reasoning:** The court relied on the judgment passed by the NCLAT in the case of Puneet Kaur versus

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**Interpretation:** This interpretation reinforces the finality of the resolution plan approval

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**Application:** Since the Applicant filed the claim after the approval of the Resolution Plan

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** Ajay Kumar…
- **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…

## 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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