# In the matter of Monarch Brookefields LLP

> NCLT judgment dated 2024-02-02. Citation: TCN-2024-NCLT-02792. The case involves an Interlocutory Application (IA No. 3987 of 2023) filed by Mr. Rajan…

- **Court:** NCLT
- **Order date:** 2 Feb 2024
- **Citation:** TCN-2024-NCLT-02792
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/monarch-brookefields-llp-bfbe4bfd

## Summary

### Background

The case involves an Interlocutory Application (IA No. 3987 of 2023) filed by Mr. Rajan Shivkumar Mangave, the Applicant, seeking directions from the National Company Law Tribunal (NCLT) to compel Mr. Arun Kapoor, the Resolution Professional (RP) of Monarch Brookefields LLP (Corporate Debtor), to consider and admit the Applicant's claim of INR 93,16,601.92. The claim was rejected by the RP via email on August 28, 2023. The Corporate Insolvency Resolution Process (CIRP) against Monarch Brookefields LLP was initiated earlier. The Applicant's claim consists of a principal amount of Rs. 35,00,000 related to the purchase of a flat and the remainder for parking, maintenance, and other charges awarded by the Maharashtra Consumer Disputes Redressal Commission. The RP rejected

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## Facts

Mr. Rajan Shivkumar Mangave filed a claim of INR 93,16,601.92 with the Resolution Professional (RP) of Monarch Brookefields LLP, Mr. Arun Kapoor, on August 25, 2023. This claim was subsequently rejected by the RP on August 28, 2023. The claim includes Rs. 35,00,000 related to the purchase of Flat No. 1105 in the 'Monarch Brookfields' project and the remainder for parking, maintenance, and other charges awarded by the Maharashtra Consumer Disputes Redressal Commission in a 2019 order. The Corporate Insolvency Resolution Process (CIRP) against Monarch Brookefields LLP had commenced earlier, with a public announcement made on November 24, 2019, setting a deadline of December 7, 2019, for claim submissions. The resolution plan submitted by Planet Builders and Developers

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## Issues and analysis

### Issue 1: Whether the Resolution Professional was justified in rejecting the Applicant's claim based on the …

**Ratio:** The law, as settled by the Hon'ble Supreme Court, emphasizes the importance of timely

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**Reasoning:** The NCLT reasoned that allowing claims after the approval of the resolution plan by the

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**Interpretation:** The interpretation of the law is that claims must be submitted and decided

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**Application:** In this case, the Applicant's claim was filed after the resolution plan had

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## Parties

- **Judges:** Kuldip Kumar…; ANIL RAJ C…
- **Appellants:** Rajan Shivkumar…
- **Respondents:** M/s. Monarch…; Arun Ka…
- **Advocates:** Amir Ars…

## Timeline

- **2018-01-01 — CP (IB) 2517(MB…**: Filing of the Corporate Insolvency…
- **2019-09-27 — Order of the…**: Order of the Tribunal appointing Mr. S Gopalakrishnan as Interim Resolution Professional…

## 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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