Case Note & Summary
The appeal was filed by Himanshu Battish and another against the order of the Adjudicating Authority dated 18/12/2025, which dismissed their application for admitting a claim related to a homebuyer unit. The Appellants sought various reliefs, including condonation of delay in filing their claim and inclusion of their claim in the Resolution Plan. The Adjudicating Authority had previously rejected the claim due to its late submission. The Appellants argued that their case was similar to that of Smt. Reena, whose claims were allowed despite delays, as per a prior judgment of the Tribunal. The Resolution Professional acknowledged that a second addendum had been submitted, which included the Appellants' claims. The Tribunal, upon reviewing the previous judgment, found that the Adjudicating Authority's rejection of the claims could not be sustained. It directed that the Appellants' claims be treated equally to those of other homebuyers and ordered the preparation of an addendum to include their claims in the Resolution Plan. The appeal was ultimately allowed, and no further directions were deemed necessary as the Appellants would receive the same treatment as other homebuyers.
Headnote
A) Insolvency Law - Homebuyer Claims - Admission of Claims Despite Delay - Insolvency and Bankruptcy Code, 2016, Section Not Mentioned - The Tribunal held that the claims of the Appellants should be treated similarly to other homebuyers as per the previous judgment, allowing their claims to be included in the Resolution Plan. The Resolution Professional was directed to prepare an addendum to include these claims (Paras 7-8).
Issue of Consideration
Whether the claims of the Appellants should be admitted despite the delay in filing and how they should be treated in the Resolution Plan.
Final Decision
The Tribunal allowed the appeal, directing that the Appellants' claims be included in the Resolution Plan and treated equally to other homebuyers, with no further directions required.
Law Points
- Insolvency proceedings
- homebuyer claims
- delay in filing claims
- treatment of creditors
- addendum preparation
