Tribunal holds that claims not filed during CIRP cannot be entertained post-plan approval; Execution of civil decree barred due to IBC moratorium and approved resolution plan.
In a recent judgment dated October 8, 2026, the National Company Law Tribunal (NCLT), Ahmedabad Bench, dismissed an application filed by Patel Kokila Nileshbhai, an operational creditor, seeking condonation of delay and consideration of his claim against Techno Forge Limited after the approval and implementation of the Resolution Plan under the Insolvency and Bankruptcy Code, 2016 (IBC).
The applicant, a partner of Central Rock-Fuel Suppliers, had supplied furnace oil to Techno Forge Limited before the commencement of the Corporate Insolvency Resolution Process (CIRP). Despite filing a civil suit and obtaining a decree for Rs. 14,11,571/- (plus interest), the applicant failed to submit his claim before the Resolution Professional during the CIRP period which started on July 2, 2020. The claim was thus not included in the insolvency proceedings.
After the Resolution Plan was approved by the Tribunal on February 2, 2024, and the corporate debtor revived, the applicant attempted to execute the civil decree through the Commercial Court. However, the execution petition was dismissed on August 5, 2025, on the ground that enforcement of the decree was barred due to the ongoing moratorium under the IBC and the approved Resolution Plan.
Subsequently, the applicant filed an interlocutory application under Section 60(5) read with Section 31 of the IBC, seeking permission to file a belated claim and have it considered as a contingent liability under the approved Resolution Plan's provisions. The applicant argued that the contingency mechanism in the plan, which reserves a sum for unknown or contingent liabilities, should be invoked to satisfy his claim without reopening or modifying the CIRP or the plan.
The NCLT bench, comprising Mrs. Chitra Hankare (Member Judicial) and Mr. Velamur G Venkata Chalapathy (Member Technical), rejected the application, holding that:
- - The applicant's failure to file the claim during the CIRP could not be condoned after the approval and implementation of the Resolution Plan.
- - Once the Resolution Plan is approved, it extinguishes all claims against the corporate debtor except those provided for in the plan.
- - The contingency liability provision in the plan covers only liabilities identified during the CIRP and cannot be invoked to entertain fresh claims post-approval.
- - The execution of the civil decree was rightly barred due to the moratorium, and the applicant should have approached the Tribunal before plan approval.
- - The application was thus not maintainable as the claim was no longer enforceable.
The Tribunal referred to relevant Supreme Court precedents, including Gujarat Urja Vikas Nigam Ltd. v. Amit Gupta, emphasizing the finality of claims processed during CIRP and the sanctity of the approved Resolution Plan. The judgment underscores the importance for operational creditors to file their claims timely during CIRP and clarifies that post-plan approval, fresh claims or belated claims cannot be entertained under the IBC framework.
This ruling reaffirms the principle that the insolvency resolution process, once concluded with an approved plan, bars any attempt to reopen or modify claims except as explicitly provided in the plan, thereby ensuring certainty and finality in insolvency proceedings.
Bottom Line:
Insolvency and Bankruptcy Code, 2016 - Pre-CIRP operational creditor who failed to file claim before Resolution Professional during CIRP cannot, after approval of Resolution Plan, seek condonation of delay and consideration of claim under alleged contingency-liability provision of approved plan - NCLT held such application not maintainable and claim no longer enforceable.
Statutory provision(s):
Insolvency and Bankruptcy Code, 2016 Sections 14, 31, 60(5), IBBI (Insolvency Resolution Process for Corporate Persons) Regulations 2016 Regulations 7, 12, National Company Law Tribunal Rules 2016 Rule 11
Patel Kokila Nileshbhai v. Techno Forge Limited, (NCLT)(Ahmedabad) : Law Finder Doc Id # 2993472
