2026 (8) TMI 108

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....ovisions Act, 1952 (for short, the 1952 Act) in the approved resolution plan, the appellant filed an appeal before the National Company Law Appellate Tribunal (NCLAT) against the order of the Adjudicating Authority approving such plan. The said appeal stood dismissed by the impugned order. 3. The Corporate Debtor (CD) was admitted into Corporate Insolvency Resolution Process (CIRP) vide order of the Adjudicating Authority dated 01.05.2023. Pursuant to public announcement inviting claims, the Appellant submitted a claim of Rs. 22,49,956/- comprising provident fund (PF) dues including interest and damages payable under Sections 7Q and 14B of the 1952 Act. During CIRP, the Committee of Creditors (COC) with 100% voting share approved the res....

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....were initiated on 10.05.2023 whereas CIRP had commenced on 01.05.2023; therefore, the claim under the heads of interest and damages was neither crystallized nor could be adjudicated upon in view of the moratorium. Thus, the protection of Section 36(4)(a)(iii) of IBC to those claims was not available. Based on that reasoning, the NCLAT declined to interfere with the approval of the resolution plan by the Adjudicating Authority. 8. We have heard learned counsel for the appellant. He pressed the same arguments as were urged on behalf of the appellant before the NCLAT. 9. In Tata Steel Ltd. versus Varsha & Anr., 2026 SCC OnLine SC 1349, this Court while directing quashing of arbitral proceedings qua claims not provided for in the resoluti....