# In the matter of Manju Rakesh vs. State of UP and Ors.

> HC judgment dated 2025-01-09. Citation: TCN-2025-HC-00054. Several writ petitions were filed by home buyers against the State of Uttar Pradesh and Jaiprakash…

- **Court:** HC
- **Order date:** 9 Jan 2025
- **Citation:** TCN-2025-HC-00054
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/manju-rakesh-vs-state-of-up-and-ors-fc3a6ee4

## Summary

### Background

Several writ petitions were filed by home buyers against the State of Uttar Pradesh and Jaiprakash Associates Ltd (Builder-Respondent no.3) concerning delays in the completion and possession of residential flats in the 'Knights Court' project in Noida. The petitioners had filed complaints with the Uttar Pradesh Real Estate Regulatory Authority (UPRERA), which were allowed with directions to the builder to handover possession or refund the deposited amount with interest. The builder failed to comply, leading to the issuance of recovery certificates by UPRERA. An agreement was later entered into between the builder and the Association of Home Buyers for project completion. Subsequently, insolvency proceedings were initiated against the builder, and a Resolution

…

## Facts

Home buyers were allotted residential flats in the 'Knights Court' project developed by Jaiprakash Associates Ltd. Due to delays, they filed complaints with UPRERA, which directed the builder to handover possession or refund the amount with interest. The builder failed to comply, leading to recovery certificates. An agreement was made between the builder and the Association of Home Buyers for project completion. Later, insolvency proceedings were initiated against the builder, and an RP was appointed. The home buyers submitted claims in the insolvency process, seeking possession. They challenged UPRERA orders directing refund and decisions of the COC, arguing they never sought a refund. The RP refused to offer possession. The UPRERA order was passed on 6.5.2019,

…

## Issues and analysis

### Issue 1: Whether the High Court should interfere with the ongoing Corporate Insolvency Resolution Process …

**Ratio:** The Insolvency and Bankruptcy Code (IBC) is a complete code in itself, with sufficient

…

**Reasoning:** The court reasoned that the petitioners had already filed their claims in the pending

…

**Interpretation:** The court interpreted the IBC as a self-contained code designed to resolve

…

**Application:** The court applied this principle to the present case, noting that the

…

## Parties

- **Judges:** Siddhartha…; Yogendra Kumar…
- **Appellants:** Mrs Manju…
- **Respondents:** Jaiprakash…; State O…
- **Other parties:** Kohi…

## Timeline

- **2019-05-06 — UPRERA O…**: UPRERA directed the builder to handover possession within 45 days or refund the amount…
- **2020-01-10 — Recovery Certificate…**: UPRERA issued recovery certificates for…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/manju-rakesh-vs-state-of-up-and-ors-fc3a6ee4