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2025 Supreme(Online)(NCLT) 5179

NATIONAL COMPANY LAW TRIBUNAL
Shri Prabhat Kumar, Member (Technical), Shri Sushil Mahadeorao Kochey, Member (Judicial)
Asset Reconstruction Company (India) Limited – Appellant
Versus
Mr. Vikas Gopichand Khiyani, Resolution Professional – Respondent


Advocates:
For the Appellants/Petitioners: Sr. Adv. Navroz Seervai, Mr. Rohan Agarwal
For the Respondents: Mr. Rohit Gupta, Mr. Gaurav Jalendra
For the Homebuyers: Mr. Malhar Zatakia, Mr. Rahul Punjabi

Judgement Key Points

The "moneywise" case addresses the issue of whether a creditor can enforce the same claim in multiple insolvency proceedings without proper reconciliation or adjustment. The core principle established is that a creditor cannot submit and secure admission of the same claim twice across different proceedings for the same underlying debt, as this would lead to unjust enrichment and undermine the integrity of the claims process.

The case emphasizes that allowing duplicate claims would be unfair to other stakeholders and could distort the distribution of assets. It also highlights the importance of procedural discipline in insolvency resolution, ensuring that claims are properly verified, adjusted, and not duplicated to prevent double recovery. The decision underscores that claims must be coordinated and reconciled to maintain fairness and finality in the resolution process.

Furthermore, the case notes that creditors must exercise due diligence to avoid submitting claims that could lead to double recovery. It also suggests that mechanisms should be in place for consolidating or reconciling claims in cases where multiple proceedings involve the same underlying debt, thereby upholding the principles of equitable distribution and procedural integrity.

In essence, the case reinforces the principle that a creditor's claim should be singular and properly adjusted across proceedings to prevent unjust enrichment and to ensure a fair and orderly resolution process.


ORDER

1. This Application IA 1302 of 2025 is filed in C.P. (IB) 281 (MB) 2024 by Asset Reconstruction Company (India) Limited, a Creditor, (“Applicant”) in the Corporate Insolvency Resolution Process (“CIRP”) of Xrbia Warai Developers Private Limited (“Corporate Debtor”) under Section 60 (5) of the Insolvency and Bankruptcy Code, 2016 (“Code”) read with Rule 11 of National Company Law Tribunal Rules, 2016 seeking following reliefs

a. That this Hon’ble Tribunal be pleased to allow the present application;

b. That this Hon’ble Tribunal be pleased to verify and admit the claim of the applicant to the tune of 751,04,73,570.00/- which was rejected vide email dated 12.11.2024 by the Respondent, as a Financial debt;

c. That in the light of the conduct of the Respondent herein, this Hon’ble Tribunal be pleased to remove and replace the present Resolution Professional, Mr. Vikas Khiyani, in light of the manner in which he has conducted the present CIRP of the Resolution Professional and appoint Mr. Birendra Kumar Agarwal as the Resolution Professional in the present matter or any other competent Resolution Professional this Tribunal may deem fit;

d. In the event that prayer(c) is not granted, t

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