VidhiSangh

Supreme Court of India · 11/09/2023

M/S. RPS INFRASTRUCTURE LTD. versus MUKUL KUMAR & ANR.

[2023] 12 S.C.R. 150 · 2023 INSC 816

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court rejected a commercial award-holder’s claim submitted 287 days late after creditors had approved a resolution plan. Proper public announcement constituted deemed knowledge, and the creditor ought to have monitored the debtor’s insolvency while litigating against it. The resolution professional had made reasonable efforts to obtain unavailable records. Pending adjudicating-authority approval did not justify reopening the plan and unsettling the resolution applicant with late claims.

Issues

  1. Whether the belated arbitral-award claim had to be included after creditors approved the resolution plan.
  2. Whether claimed ignorance of the public announcement or the unavailable corporate records justified reopening the process.

Provisions considered

Held

Result

Appeal dismissed, sustaining NCLAT’s refusal to require consideration of the late claim. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2023] 12 S.C.R. 150.