2024 (4) TMI 825

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....7 of 2024 & I. A. No. 1000 of 2024 - -<br>Insolvency & Bankruptcy<br>[ Justice Ashok Bhushan ] Chairperson , [ Barun Mitra ] Member ( Technical ) And [ Arun Baroka ] Member ( Technical ) For the Appellant : Mr. Rachit Mittal, Mr. Adarsh Srivastava, Advocates For the Respondents : Ms. Ritika Gaur, Mr. Niraj Chamiyal, Mr. Dhananjaya Sud, Ms. Swechcha Mishra, Advocates for R-1. Mr. Abhishek Ana....

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....e Appellant submits and relies on Judgment of Hon'ble Supreme Court in C.A. No. 7590-91 of 2023, GNIDA Vs Prabhjit Singh Soni & Anr. dated 12.02.2024 in which judgment, Greater NOIDA has been declared as Secured Creditor and hence the impugned order deserves to be set aside. 2. Learned Counsel for the Respondent submits that there is a difference between the facts with regard to case reli....

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....r Noida Industrial Development Authority vs. Prabhjit Singh Soni & Anr., Civil Appeal Nos.7590-7591 of 2023" and the present case are entirely different. It is submitted that the NOIDA Authority has not filed any claim in the CIRP whereas in the case of Prabhjit Singh Soni claim was filed although in different form. It is submitted that two letter were issued but no claim was filed. When the plan ....

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....cting the Resolution Plan which does not consider the claim of the Appellant in accordance with law. Even if, no claim is filed by the Appellant, Resolution Professional is duty bound to consider the debt as reflected in the records of the Corporate Debtor. 7. Learned counsel for the Resolution Professional sought to contend that the claim was not reflected in the Information Memorandum. Learne....