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    <title>2025 (12) TMI 1474 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH: NEW DELHI</title>
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    <description>Whether a homebuyer&#039;s belated claim can be denied merely because the CoC has approved the resolution plan was the dominant issue. Relying on SC authority that bona fide allottees who paid substantial consideration cannot be relegated to mere refund claimants contrary to the IBC&#039;s object, and following prior NCLAT precedent approved by the SC, the tribunal held that rejection of the application was legally unsustainable. The claim, as already reflected in the information memorandum prepared by the RP, was required to be substantively dealt with in the plan; consequently, the impugned order was set aside, the application was partly allowed, the RP was directed to furnish the claimant&#039;s details to the resolution applicant, and an addendum was to be placed before the CoC for consideration. Appeal allowed.</description>
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    <pubDate>Fri, 12 Dec 2025 00:00:00 +0530</pubDate>
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      <title>2025 (12) TMI 1474 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL PRINCIPAL BENCH: NEW DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=783934</link>
      <description>Whether a homebuyer&#039;s belated claim can be denied merely because the CoC has approved the resolution plan was the dominant issue. Relying on SC authority that bona fide allottees who paid substantial consideration cannot be relegated to mere refund claimants contrary to the IBC&#039;s object, and following prior NCLAT precedent approved by the SC, the tribunal held that rejection of the application was legally unsustainable. The claim, as already reflected in the information memorandum prepared by the RP, was required to be substantively dealt with in the plan; consequently, the impugned order was set aside, the application was partly allowed, the RP was directed to furnish the claimant&#039;s details to the resolution applicant, and an addendum was to be placed before the CoC for consideration. Appeal allowed.</description>
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      <pubDate>Fri, 12 Dec 2025 00:00:00 +0530</pubDate>
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