LegalFirms.in
LegalFirms.in Judgments · legalfirms.in/judgments/amit-nehra-anr-vs-pawan-kumar-garg-ors-20250909/ · Printed 07 Nov 2026
Civil · Reportable judgment

Amit Nehra & Anr. vs Pawan Kumar Garg & Ors.

Court
Supreme Court of India
Date
9 September 2025
Case No.
Civil Appeal No. 4296 of 2025
Result
Allowed
Bench
Sanjay Kumar, Satish Chandra Sharma
Citation
[2025] 9 S.C.R. 627 : 2025 INSC 1086
Acts & Sections
Insolvency and Bankruptcy Code, 2016
Supreme Court Reports [2025] 9 S.C.R. 627 : 2025 INSC 1086
Issue for consideration
Whether the appellants, being allottees of an apartment in a project developed by the erstwhile Corporate Debtor and having admittedly paid a sum of Rs.57,56,684/- out of the total consideration of Rs.60,06,368/-, are to be treated as belated claimants entitled only to refund of 50% of their principal deposit under Clause 18.4(xi), or whether, their claim having been duly verified and incorporated in the list of creditors, they are entitled to possession in terms of Clause 18.4(vi)(a) of the Resolution Plan.
Headnote

Insolvency and Bankruptcy Code, 2016 – s.62 – The appellants, aggrieved by the failure to deliver possession of their allotted apartment despite substantial consideration being paid, filed an application before the NCLT seeking, inter alia, directions to the Resolution Professional and the Successful Resolution Applicants to execute the conveyance deed in their favour – Applications were opposed by the Resolution Professional and the Successful Resolution Applicant asserting that the only claim filed by the appellants was on 07.02.2020, well after the Committee of Creditors had approved the Resolution Plan on 23.08.2019 – It was argued that the appellants claim was therefore squarely covered by Clause 18.4(xi), which provided for refund of only 50% of the principal amount paid – Correctness:

Read the full headnote (1 more paragraph)

Held: The admitted and undisputed position remains that the appellants claim was resubmitted on 07.02.2020; that it was duly verified by the Resolution Professional; and that it was incorporated in the published list of creditors dated 30.04.2020 – Once such verification and incorporation occurred, the claim acquired full legal recognition within the CIRP process – The publication of the list of financial creditors is an act in discharge of a statutory duty by the Resolution Professional – It cannot be reduced to a meaningless formality – The Resolution Professional rightly admitted the claim of the Appellants to the extent of Rs.57,56,684/- and reflected it at Serial No.636 in the list of financial creditors – Clause 18.4(xi) of the Resolution Plan is residuary in nature, applying where no claim has been filed, or if filed, not verified by the Resolution Professional, or if verified, not communicated to the Resolution Applicant; such allottees are extended only a reduced benefit of refund of 50% of the principal amount deposited – The appellants case, on admitted facts, does not fall within Clause 18.4(xi) – Their claim was filed, verified, and informed to the Successful Resolution Applicant, as is evidenced by the entry at Serial No. 636 in the list of creditors dated 30.04.2020, admitting their claim to the extent of Rs.57,56,684/- – Once so admitted, their case squarely falls within Clause 18.4(ii) read with Clause 18.4(vi)(a) of the Resolution Plan – Clause 18.4(ii) stipulates that where the claim has been filed and admitted by the Resolution Professional, and the allotment letter issued, the claim shall be honored in full and Clause 18.4(vi)(a) sets out the payment plan for existing allottees, providing for handover of units or execution of conveyance – Accordingly, respondent(s) directed to execute the Conveyance Deed and hand over possession of Apartment to the appellants. [Paras 32, 33, 34, 40]

Keywords: Allottees of an apartment · Belated claimants · Claim incorporated in the list of creditors · Possession · Conveyance deed · Failure to deliver possession · Approved the Resolution Plan · Resolution Professional · Successful Resolution Applicant · Clause 18.4(xi) of the Resolution Plan · Clause of Resolution Plan giving benefit of refund of 50% of the principal amount deposited · Real Estate

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment Satish Chandra Sharma, J. STATEMENT OF FACTS 1. This Civil Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (the “IBC”) is filed against the judgment and final order dated 10.01.2025 passed by the National Company Law Appellate Tribunal, New Delhi (the “NCLAT”) in Company Appeal (AT) (Insolvency) No. 1365 of 2023, whereby the NCLAT affirmed the decision of the National Company Law Tribunal, Principal Bench, New Delhi (the “NCLT”) rejecting the Appellants claim for possession of their residential apartment in the real estate project of M/s Puma Realtors Private Li
Full text available to subscribers
Subscribe to access complete judgment text, daily digests, and AI-powered legal research tools. For informational and research purposes only.
View Subscription Plans →
Annual plans from ₹1,599 + GST.

This page is for informational and research purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.

All SC judgments →