Greater Noida Industrial Development ... vs Mr. Prabhjit Singh Soni & Another on 24 November, 2022
32. Coming to the facts of the present case, the Resolution Plan which
was earlier approved on 04.03.2020 has been remitted back by the
Adjudicating Authority vide its order dated 05.03.2024 to consider the claim
of NOIDA in light of the judgment of the Hon'ble Supreme Court in Prabhjit
Singh Soni (supra) and Appeal was filed against the said order before this
Tribunal where this Tribunal categorically held that in view of the order
passed by the Adjudicating Authority dated 05.03.2024, the Resolution Plan
dated 04.03.2020 is no more in existence. We have already noticed the
direction of this Tribunal dated 08.05.2024 directing the Adjudicating
Authority to consider the applications of all the Appellants. The most
important feature to be noted in the present case is the fact that Resolution
professional himself has filed the Affidavit before the Adjudicating Authority
containing details of all applicants, including unit no., days of delay in filing
the claim and amount outstanding. The aforesaid table, thus, clearly
amounts to the verification of the claim and on the verification of the record
of the Corporate Debtor, the said chart has been prepared and filed before
the Adjudicating Authority in compliance of the order dated 05.03.2024 and
11.06.2024. Adjudicating Authority did not advert to the above Affidavit filed
by the Resolution Professional and the fact that payments made by the
Appellant against allotment of different units is a fact which is admitted by
CA (AT) (Ins) Nos. 170, 357, 359, 361,362,408,460,468,476,494,505,510,511,529,
532,575, 720, 722,728,729 of 2025 58 of 66
the Resolution Professional in its tabular chart.