Whether the Adjudicating Authority can issue the directions to erstwhile Resolution Professional once the Resolution Plan under Section 31 of the Code has been approved, and the Resolution Professional has been discharged of his duties? – Mr Ram Ratan Kanoongo Resolution Professional of Sirpur Paper Mills Ltd Vs. Mr Veda Kumar Nimbagal – NCLAT New Delhi

when Respondent No. 1 was asked to sign the financial statements from the Financial Year 2014-15 to 2017-18, he did not co-operate clearing of salary dues. The Respondent had earlier raised a claim of salary dues, which was finally settled by the Order dated 19 July 2018. Admitted amount of salary dues has been dealt with Adjudicating Authority in terms of the approved Resolution Plan. Any claim for the CIRP period could have been raised before approval of a Resolution Plan. After the Resolution Plan's approval and implementation, no direction can be issued to the erstwhile Resolution Professional on account of any belated and settled claim. Successful Resolution Applicant cannot be burdened with the claim/dues of the Corporate Debtor.

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If any Public depositor applies showing due of the debt claiming itself as operational creditor and the Resolution Professional or the Tribunal do not accept the claim on the ground that they are not financial creditor, we allow the appellant to raise the question before the Tribunal and if any adverse decision is given by the Tribunal, it will be open to the appellant to raise the issue before NCLAT- Hind Motors India Ltd. Vs. Adjudicating Authority NCLT, Chandigarh – NCLAT New Delhi

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