Case of part payment by a homebuyer for allotment of a flat and subsequently CIRP (Insolvency) was initiated against the Corporate Debtor/Real Estate Company – Parveen Gakhar Vs. Adani Goodhomes Pvt. Ltd. & Anr. – NCLAT New Delhi
In this case, the Appellant has booked a flat in the project of the Corporate Debtor and has made an advance payment of Rs. 4,95,000/- and total amount paid by the Appellant is Rs. 5,27,500/-. The notices were issued by the Corporate Debtor to the Appellant to make the balance amount. Last such letter was issued on 27.09.2018 asking the Appellant to make payment of Rs. 21,84,377 and Appellant did not make any payment in pursuance of the notice.
Subsequently, the CIRP was initiated on 30.04.2021 against the Corporate Debtor. There has been certain correspondence between the Appellant and the Resolution Professional but ultimately the unit which was sought to be claimed was included in the list of unsold units and subsequently the Resolution Plan has been approved on 09.01.2023. The Application was filed by the Appellant seeking direction to the Resolution Professional to register the agreement for sale in respect of the Flat which application has been rejected.
