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NATIONAL COMPANY LAW TRIBUNAL
Brajendra Mani Tripathi, Judicial Member, Man Mohan Gupta, Technical Member
Neeraj Gupta – Appellant
Versus
JSM Devcons Pvt Ltd – Respondent
| Table of Content |
|---|
| 1. application seeks late claim admission as allottee financial creditor. (Para 1 , 2 , 3) |
| 2. sra opposes as belated post-plan approval. (Para 4) |
| 3. cirp timeline and plan approval details reviewed. (Para 5 , 6 , 7) |
| 4. financial creditor status proven but claim untimely. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 5. no proof of timely claim receipt by rp. (Para 17 , 18 , 19) |
| 6. plan finality bars hydra-head belated claims. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. application dismissed upholding clean slate doctrine. (Para 29 , 30 , 31) |
O R D E R
1. The present Application, filed dated 07.11.2024, under Section 60(5) of the Insolvency and Bankruptcy Code 2016 read with Rule 11 of the National Company Law Tribunal Rules 2016, by Mr. Neeraj Gupta (the ‘Applicant’), against M/s JSM Devcons Private Limited (the ‘Corporate Debtor’/‘Respondent No 1’) and against M/s Devvrat Developers Private Limited (the ‘Successful Resolution Applicant’/‘Respondent No 2’), for seeking directions as given below:
a) To allow the present Application,
b) To pass an order directing for admission of the claim of the Applicant and inclusion under the category of financial creditor in cla
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