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1 - 2 of 2 (0.16 seconds)M/S Rps Infrastructure Ltd. vs Mukul Kumar on 11 September, 2023
9. Following the judgment of the Hon'ble Supreme Court in Civil
Appeal No.5590/2021 in the matter of M/s. RPS Infrastructure Ltd. vs.
Mukul Kumar & Anr. - (2023 SCC OnLine SC 1147), this Tribunal in
Millennium Construction Pvt. Ltd. vs. Rakesh Kumar Gupta (IRP) -
Company Appeal (AT) (Insolvency) No.1172 of 2023, upheld the order of
the NCLT where a claim filed after 511 days, after approval of the Plan by
the CoC was rejected. In the facts of the present case, the claim of the
Appellant was filed after 14 months from the date when Resolution Plan in
the CIRP of the Corporate Debtor was approved by the CoC. In the entire
Company Appeal (AT) (Insolvency) No.1316 of 2023 10
process of CIRP, at no point of time any Application was filed by the
Company or any protest was lodged and as noted above, both the Corporate
Debtor and the Company were related parties.
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