Finality of a resolution plan bars reopening gratuity claims excluded by its annexure and treated as nil payment.

An approved resolution plan, read together with its annexure, governed the applicants' gratuity claims because the employee-wise chart placed them in the category assigned nil payment. As the plan had been approved by the committee of creditors, confirmed by the adjudicating authority, and attained finality after Supreme Court affirmation, claims not included in the plan were treated as extinguished. Denial of gratuity payment therefore did not amount to non-implementation of the plan, and review could not be used to reopen settled terms. The review applications were rejected and the earlier appellate findings remained undisturbed.

---

---

Issues: Whether the applicants' gratuity claims formed part of the approved resolution plan and whether denial of payment amounted to non-implementation of the plan, thereby warranting review or modification of the earlier appellate order.

Analysis: The approved resolution plan and its annexure were read together. The employee-wise chart showed that employees not on the payroll as on the insolvency commencement date were assigned nil payment, and the applicants' names appeared in that category. The plan had been approved by the committee of creditors, confirmed by the adjudicating authority, and had attained finality after affirmation by the Supreme Court. In that setting, the claims could not be treated as surviving outside the plan, and the later reliance on a gratuity claim could not override the settled terms of the plan. Once the resolution plan has achieved finality, claims not included in it stand extinguished and cannot be reopened by review.

Conclusion: The gratuity claims of the applicants did not form part of the approved resolution plan, and refusal to pay them did not amount to non-implementation of the plan. The review applications failed and were rejected.

Final Conclusion: The earlier appellate findings were left undisturbed, and the settled resolution framework remained operative without any modification.

Ratio Decidendi: Where an approved resolution plan, read as a whole with its annexures, expressly provides nil payment to a category of employees and the plan has attained finality, claims falling outside that plan stand extinguished and cannot be resurrected through review on the plea of non-implementation.

---