# Brajesh Kumar Tripathi & Anr. vs. Hasti Mal Kachhara & Ors.

> NCLAT judgment dated 2026-07-13. Citation: TCN-2026-NCLAT-00233. The Appellants, landowners Brajesh Kumar Tripathi and Abhishek Tripathi, entered into a…

- **Court:** NCLAT
- **Order date:** 13 Jul 2026
- **Citation:** TCN-2026-NCLAT-00233
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/brajesh-kumar-tripathi-anr-vs-hasti-mal-kachhara-ors-7p5k5

## Summary

### Background

The Appellants, landowners Brajesh Kumar Tripathi and Abhishek Tripathi, entered into a Development-cum-Collaboration Agreement with Pushp Ratna Realty Private Limited (Corporate Debtor) in 2010. They alleged that their land was unilaterally merged into a larger project, "Lush by Pushpratna," without their consent, and that the Corporate Debtor failed to fulfill its obligations, leading to the termination of the agreement. They also highlighted the revocation of building permissions and expiry of RERA registration. The Appellants sought to exclude their land from the Corporate Debtor's insolvency estate, arguing it was third-party property and not subject to the Resolution Plan approved by the Adjudicating Authority.

## Facts

Brajesh Kumar Tripathi and Abhishek Tripathi are the joint and exclusive owners of land bearing Survey No. 388/2/17, admeasuring 0.112 hectares, in Village Khajrana, Indore.

Their title originates from a registered Sale Deed dated 18.01.1995.

On 29.01.2010, the Appellants entered into a registered Development-cum-Collaboration Agreement with Pushp Ratna Realty Private Limited (Corporate Debtor), which was amended on 21.07.2010.

The Appellants contended that the Agreement was purely a development arrangement, preserving their ownership rights and granting only limited development rights to the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Development-cum-Collaboration Agreement dated 29.10.2010 was a standalone contract …

**Ratio:** The subject land was an integral and inseparable part of the larger composite real estate

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**Reasoning:** The layout plan for the project, including the Appellants' land, was approved by the Town

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**Interpretation:** The long-standing conduct of the Appellants and the public record of approvals

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**Application:** The Tribunal applied the principle of acquiescence and the evidence of

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## Parties

- **Judges:** Yogesh K…; Naresh Sa…
- **Appellants:** Brajesh Kumar…; Abhishek Tr…
- **Respondents:** Pushp Ratna…; Hasti Mal K…; +1 more
- **Other parties:** Committee of…; Homebu…; +1 more
- **Advocates:** Rishabh…; Ayush R…; +1 more

## Timeline

- **1995-01-18 — Sale Deed Ex…**: Registered Sale Deed executed, establishing…
- **2010-01-29 — Development A…**: Appellants entered into a registered Development-cum-Collaboration Agreement with the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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