The decision for collating the claim, if any, taken by the Resolution Professional, the same being judicial or quasi-judicial, the NCLT cannot sit in Appeal- Dipco Private Limited Vs. Mr. Jayesh Sanghrajka RP of Ariisto Developers Pvt. Ltd. – NCLAT New Delhi

NCLAT has held that as per Section 60(5), though the NCLT is empowered to entertain or dispose of any application or proceeding by or against the Corporate Debtor or Corporate Person, it does not invest the NCLT with the jurisdiction to re-determine and collate the claim. The decision for collating the claim, if any, taken by the Resolution Professional, the same being judicial or quasi-judicial, the NCLT cannot sit in Appeal. It is not in dispute that the CoC had approved the ‘Plan’ and only thereafter at that stage, the Appellant and another moved applications u/s 60(5) against collation of claim by the Resolution Professional, by the time, the period of CIRP was to conclude and had completed during the pendency.

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