Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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Statutory trust rights under the NABARD Act and Rule 10 of the FSP Rules require the administrator to segregate third party receivables; filing a claim in Form C does not relinquish statutory entitlements, and providing transaction details preserves those rights. The adjudicating authority erred by treating the claimant's CoC membership and the resolution plan as extinguishing the statutory claim; the approved distribution mechanism already carved out amounts for the statutory claimant and mandates payment if the application succeeds. The appellate forum allowed the application, set aside the rejection, and ordered payment from the amount set apart with adjustment for sums previously paid.
Statutory trust rights under the NABARD Act and Rule 10 of the FSP Rules require the administrator to segregate third party receivables; filing a claim in Form C does not relinquish statutory entitlements, and providing transaction details preserves those rights. The adjudicating authority erred by treating the claimant's CoC membership and the resolution plan as extinguishing the statutory claim; the approved distribution mechanism already carved out amounts for the statutory claimant and mandates payment if the application succeeds. The appellate forum allowed the application, set aside the rejection, and ordered payment from the amount set apart with adjustment for sums previously paid.
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