Adjudicating Authority Orders Reevaluation of Claim by Resolution Professional

The Adjudicating Authority directed the Resolution Professional (RP) to reevaluate the applicant's claim, emphasizing the importance of diligently pursuing claims even after the approval of the Resolution Plan. The RP was instructed to consider the validity of invoices and the entitlement to basic rent, ensuring the inclusion of the applicant's claim in the list of operational creditors for payment by the successful Resolution applicant.

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Issues:
- Consideration of claim by Resolution Professional
- Duty of Resolution Professional under section 18 of the Code
- Maintainability of the application
- Collation and verification of claim by Resolution Professional
- Extinction of claims post approval of Resolution Plan

Consideration of claim by Resolution Professional:
The case involved an application by a company against the Resolution Professional (RP) of another company seeking direction to reconsider and reverify a claim submitted before the approval of the Resolution Plan. The applicant had filed the claim, and despite providing requested information, the RP did not convey acceptance or rejection of the claim, leaving it "pending for information."

Duty of Resolution Professional under section 18 of the Code:
The applicant argued that under section 18 of the Code, the RP's duty is to accept and collate claims, not adjudicate them. The applicant cited legal precedents to support the contention that once a debt is proved, it cannot be reduced without proper adjudication.

Maintainability of the application:
The maintainability of the application was initially contested, but the Adjudicating Authority held it to be maintainable after due consideration. The matter proceeded to be argued on merits.

Collation and verification of claim by Resolution Professional:
The RP had accepted only a fraction of the claimed amount, citing issues with documentation and authentication of invoices. The RP argued that certain materials were still in possession of a third party, and only specific invoices were considered valid for payment.

Extinction of claims post approval of Resolution Plan:
The RP contended that post the approval of the Resolution Plan, all undecided claims are extinguished. However, the Adjudicating Authority disagreed, emphasizing that diligent pursuit of claims should not be prejudiced by the approval of a Resolution Plan.

Final Decision:
The Adjudicating Authority directed the RP to collate the applicant's claim afresh, considering the observations made regarding the validity of invoices and entitlement to basic rent. The Authority emphasized that the applicant's claim should be included in the list of operational creditors for payment by the successful Resolution applicant.

This detailed analysis of the judgment covers the issues involved comprehensively, outlining the arguments presented by both parties and the final decision rendered by the Adjudicating Authority.

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