Whether payment for purchase of cottages at Holiday Resort by Appellant to be treated Homebuyer or to be treated Financial Creditor? – Neha Khanna Vs. M/s Tybros Infratech Pvt. Ltd. – NCLAT New Delhi
NCLAT observed that only signature of the buyer affixed on each page of the Cancellation Agreement, however, there is no signature affixed by the Corporate Debtor and there are no signatures of the witnesses. Therefore, this Tribunal reluctant to decide its authenticity and validity. NCLAT held that the Hon’ble Supreme Court in the matter of Manish Kumar Vs. Union of India & Anr. (2021) ibclaw.in 16 SC , whereby the Hon’ble Supreme Court upheld the above amendment and therefore, the Adjudicating Authority need to follow the provision of law scrupulously while entertaining the petitions of this nature.