# In the matter of Sumer Radius Realty Pvt. Ltd. & Ors. vs. Avenure 54 Welfare Association

> NCLAT judgment dated 2025-11-26. Citation: TCN-2025-NCLAT-00623. These are two appeals challenging the order dated 12.09.2025 passed by the adjudicating…

- **Court:** NCLAT
- **Order date:** 26 Nov 2025
- **Citation:** TCN-2025-NCLAT-00623
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-mumbai-bench-i/sumer-radius-realty-pvt-ltd-ors-vs-avenure-54-welfare-association-86199167

## Summary

### Background

These are two appeals challenging the order dated 12.09.2025 passed by the adjudicating authority (National Company Law Tribunal, Mumbai Bench) in I.A. No.5195/2024 & I.A. No.6034/2024 filed in C.P. (IB) No.284/MB/2024.

## Facts

Avenue 54 Welfare Association filed a Section 7 application as a registered society of flat purchasers in the project known as “Avenue 54” at Santacruz West, Mumbai.

The members of the Avenue 54 Welfare Association had purchased 98 flats in the project and formed a society.

Sumer Buildcorp Private Limited and Sumer Radius Realty Private Limited were named as corporate debtors in the Section 7 application.

The amount claimed to be in default was ₹203,27,66,369/-.

The appellants filed applications (I.A.5195/2024 and I.A.6034/2024) praying for dismissal of the company petition.

The respondent offered to file individual affidavits of the homebuyers regarding authorization to the applicant, but this was objected to by the corporate debtor's counsel.

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## Issues and analysis

### Issue 1: Whether the Section 7 application filed by …

**Ratio:** Section 7 of the IBC allows a financial creditor, either individually or jointly, to file

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**Reasoning:** The appellant argued that Avenue 54 Welfare Association is not a financial creditor and

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**Interpretation:** The court interpreted Section 7 to allow for a representative to file on behalf

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**Application:** The court found a defect in the authorization provided by the Avenue 54 Welfare

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Respondents:** Sumer Radius…; Sumer Buildcorp…; +1 more
- **Other parties:** Avenue 54 Welfare…; Flat Purc…; +1 more
- **Advocates:** Krishnendu…; Anne Ma…; +17 more

## Timeline

- **2025-09-12 — Order Da…**: Date of the order passed by the adjudicating authority (National Company Law Tribunal,…
- **2025-11-26 — Judgement…**: Date of the final…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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