National Company Law Appellate Tribunal Dismisses Appeal in Insolvency Matter Due to Claim Extinguishment. Appellant's Claim Rejected as it was Filed Post-Approval of Resolution Plan Under the Insolvency and Bankruptcy Code, 2016.

Tribunals: National Company Law Appellate Tribunal Bench: NEW DELHI
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Case Note & Summary

The appeal was filed by Amit Mehra against an order dated 09.04.2026 from the National Company Law Tribunal, New Delhi, which rejected his application for accepting a belated claim after the approval of a resolution plan on 13.07.2024. The appellant contended that his claim was not accepted despite ongoing EMI payments. However, the tribunal clarified that once the resolution plan is approved, all claims are extinguished, and no claims can be filed thereafter. The respondents supported this position by referencing a previous decision in 'Parul Kapil' Vs. 'Sandeep Goel & Anr.' which addressed similar issues. The tribunal found no valid grounds to interfere with the lower court's order and dismissed the appeal.

Headnote

A) Insolvency Law - Claim Extinguishment - Claims after Approval of Resolution Plan - Insolvency and Bankruptcy Code, 2016 - Once a resolution plan is approved by the adjudicating authority, all claims are extinguished, and no further claims can be filed. The court upheld the dismissal of the appellant's application for a belated claim as it was filed post-approval of the resolution plan. Held that the appeal lacked merit (Paras 4-6).

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Issue of Consideration

Whether the appellant's claim could be accepted after the approval of the resolution plan.

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Final Decision

The tribunal dismissed the appeal, affirming the lower court's order rejecting the belated claim application.

Law Points

  • Insolvency resolution
  • claim extinguishment
  • appeal dismissal
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Case Details

2026 LawText (NCLAT) (05) 54

Company Appeal (AT) (Insolvency) No. 918 of 2026

2026-05-22

Justice Ashok Bhushan, Barun Mitra

Mr. Shivam Kumar, Ms. Upasana Singh, Mr. Kunal Godhwani, Ms. Kinjal Chadha, Mr. G.K. Mishra

Amit Mehra

Sarvottam Realcon Pvt. Ltd. & Anr.

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Nature of Litigation

Appeal against the rejection of a claim application post-resolution plan approval.

Remedy Sought

Appellant sought acceptance of a belated claim.

Filing Reason

Claim was not accepted despite ongoing EMI payments.

Previous Decisions

The tribunal referenced a prior decision in a similar matter.

Issues

Whether claims can be filed after the approval of a resolution plan

Submissions/Arguments

Appellant argued for acceptance of belated claim Respondents contended that all claims are extinguished post-approval

Ratio Decidendi

Once a resolution plan is approved under the Insolvency and Bankruptcy Code, all claims are extinguished, and no further claims can be entertained.

Judgment Excerpts

This appeal has been filed against an order dated 09.04.2026 all claims are extinguished and no claim can be filed after approval of the plan We do not find any good ground to interfere with the order impugned.

Procedural History

The appeal was filed against the National Company Law Tribunal's order rejecting the appellant's application for a belated claim after the approval of the resolution plan.

Acts & Sections

  • Insolvency and Bankruptcy Code:
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