# In the matter of Dream Procon Pvt. Ltd. {I.A- 3968-2021 in IB-1771(ND) 2018}

> NCLT judgment dated 2023-08-11. Citation: TCN-2023-NCLT-02034. The application was filed by Mr. Kapish Gupta seeking directions to the Resolution Professional…

- **Court:** NCLT
- **Order date:** 11 Aug 2023
- **Citation:** TCN-2023-NCLT-02034
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/dream-procon-pvt-ltd-ia-3968-2021-in-ib-1771nd-2018-aabe2596

## Summary

### Background

The application was filed by Mr. Kapish Gupta seeking directions to the Resolution Professional to admit the claim of the Applicant. The Committee of Creditors had approved the Resolution Plan in its 11th meeting held on 07.05.2021 with 90.66% votes. The Applicant filed the claim on 31.03.2021 after the approval of the Resolution Plan by the Committee of Creditors.

## Facts

Mr. Kapish Gupta filed an application seeking directions to the Resolution Professional to admit his claim. The Committee of Creditors (CoC) approved a Resolution Plan on 07.05.2021 with 90.66% of the votes. Mr. Gupta filed his claim on 31.03.2021, which was after the CoC had already approved the Resolution Plan. The Resolution Professional had reflected the unit for which the claim was filed in the list of flats. The NCLAT in Puneet Kaur versus M/s. K.V. Developers Private Limited held that claims filed after the approval of the Resolution Plan cannot be admitted. This precedent is relevant because it establishes a legal principle that impacts the admissibility of Mr. Gupta's claim.

## Issues and analysis

### Issue 1: Whether the claim filed by Mr. Kapish Gupta after the approval of the Resolution Plan by the …

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

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**Reasoning:** The court relied on the NCLAT's judgment in Puneet Kaur's case, which clearly stated that

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**Interpretation:** The interpretation of the law is that once the Committee of Creditors approves

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**Application:** In this case, Mr. Kapish Gupta filed his claim after the Committee of Creditors

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## Parties

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

## Timeline

- **2021-05-07 — CoC Meet…**: The Committee of Creditors approved the Resolution Plan with 90.66% votes in its 11th…
- **2021-03-31 — Claim Fi…**: Mr. Kapish Gupta filed his claim after the approval of the Resolution Plan by the…

## 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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