2026 (2) TMI 32 - AT - IBC

Treatment of homebuyer claims in CIRP clarifies IP duties and resolution applicant responsibility; parties resolved dispute and allotment occurred.

Treatment of homebuyer claims in corporate insolvency involves the duty of the insolvency professional/resolution professional to identify and admit ... Treatment of claims of homebuyers in CIRP - duty of the Insolvency Professional / Resolution Professional to identify and admit claimants - status of deferred allottees under an approved resolution plan - responsibility of the Successful Resolution Applicant who was the CIRP petitioner - approval of resolution plan by the Adjudicating Authority - HELD THAT:- Subsequently, on 28.10.2025, the Counsel for SRA informed that the matter has been amicably resolved with the appellant vis – a- vis the allotment of the apartment. In this regard, the SRA has on 31.10.2025 filed an affidavit which is taken on record. SRA vide affidavit dated 31.10.2025 has stated that the flat has been allotted to the appellant and the appellant has no grievance now. The appellant present in the Court agrees to the same. The appeal is disposed of in terms of the aforesaid affidavit. Issues: Whether the appeal should be disposed of in view of the affidavit filed by the Successful Resolution Applicant (SRA) stating that the flat has been allotted to the appellant and that the appellant has no further grievance.Analysis: The SRA filed an affidavit dated 31.10.2025 stating that the flat has been allotted to the appellant and that the appellant has no grievance. The appellant's counsel in Court confirmed that the grievance stands resolved. In light of the affidavit and the parties' agreement, there is a mutual resolution of the dispute regarding allotment.Conclusion: The appeal is disposed of in terms of the affidavit; the appellant's grievance is resolved and the appeal stands disposed of in favour of the appellant.