When a unit holder is handed over possession and a Conveyance Deed has also been executed, no claim survives of such unit holders | Whether a claim is admissible or not is a question, which need to be looked into by the Resolution Professional – Harpal Singh Chawla Vs. Vivek Khanna and Ors. – NCLAT New Delhi
When CIRP was commenced against the Corporate Debtor, all Financial Creditors are entitled to file claim as per the CIRP Regulations, 2016. The real-estate allottees are Financial Creditors as per provisions of the IBC and in event any real-estate allottee has a claim against the Corporate Debtor, he is fully entitled to file a claim on commencement of the CIRP against the Corporate Debtor. It is true that when a unit holder is handed over possession and a Conveyance Deed has also been executed, no claim survives of such unit holders. Whether a claim filed by a Financial Creditor in a class, deserves admission, is a question, which need to be first looked into by the RP as per the statutory regulations governing the collation and verification of the claim.