# In the matter of Anuradha Grover vs. Jayesh Sanghrajka and Anr.

> NCLAT judgment dated 2023-09-22. Citation: TCN-2023-NCLAT-00174. The case involves an appeal against an order dated 09.01.2023 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 22 Sept 2023
- **Citation:** TCN-2023-NCLAT-00174
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/anuradha-grover-vs-jayesh-sanghrajka-and-anr-98fc3b9b

## Summary

### Background

The case involves an appeal against an order dated 09.01.2023 passed by the Adjudicating Authority (National Company Law Tribunal), Mumbai Bench, Court-V in IA No.2085 of 2022. The appellant, Anuradha Grover, booked a unit in the project 'Ten BKC' on 01.03.2016. She was allotted Flat No. 0101 in Wing 7, Type III, with a carpet area of 1177 sq. ft., for a total consideration of Rs. 4,97,35,650/-. A letter dated 14.03.2016 from the developer indicated a possible discount of Rs. 1.10 Crore if the appellant opted for a bare shell without interior fit-outs. However, the agreement for sale did not include this discount. The Corporate Insolvency Resolution Process (CIRP) was initiated against 'Radius Estates and Developers Private Limited' on 30.04.2021. The appellant filed a

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## Facts

Anuradha Grover booked a flat in the 'Ten BKC' project on 01.03.2016 for Rs. 4,97,35,650/-. A letter dated 14.03.2016 indicated a potential Rs. 1.10 Crore discount if she opted for a bare shell. The agreement for sale, however, did not include this discount. The Corporate Insolvency Resolution Process (CIRP) against 'Radius Estates and Developers Private Limited' commenced on 30.04.2021. Grover filed a claim for Rs. 2,73,82,869/- plus Rs. 1.10 Crore. The Resolution Professional admitted Rs. 3,63,42,245/- but rejected the Rs. 1.10 Crore claim. Grover filed IA No.2085 of 2022, which was rejected by the Adjudicating Authority. The key fact is the discrepancy between the letter promising a discount and the final agreement for sale, which did not include it. The appellant's

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in …

**Ratio:** The principle of contract law dictates that the final agreement between parties

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**Reasoning:** The Adjudicating Authority's decision was based on the fact that the agreement for sale,

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**Interpretation:** The interpretation of contract law emphasizes the importance of the written

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**Application:** In this specific case, the ratio and reasoning apply directly to the facts. The

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## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Anuradha…
- **Respondents:** Radius Estates &…; Jayesh Sang…

## Timeline

- **2016-03-01 — Booking o…**: Appellant booked a unit…
- **2016-03-14 — Letter Regarding…**: Letter from Developer indicating a possible…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 31 — Approval of resolution plan](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-31)

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