# In the matter of Dr. Anupam Jain vs. CS Chhaya Gupta, & Ors.

> NCLAT judgment dated 2025-10-10. Citation: TCN-2025-NCLAT-00518. The Appellant, Anupam Jain, filed an appeal against the order dated 11.11.2024 passed by the…

- **Court:** NCLAT
- **Order date:** 10 Oct 2025
- **Citation:** TCN-2025-NCLAT-00518
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dr-anupam-jain-vs-cs-chhaya-gupta-ors-4b64b272

## Summary

### Background

The Appellant, Anupam Jain, filed an appeal against the order dated 11.11.2024 passed by the National Company Law Tribunal (NCLT), Indore Bench, which dismissed his application seeking recognition as a Financial Creditor. The dispute arises from the Appellant's claim over a residential unit booked by his mother in 2009 and later transferred to him with the Corporate Debtor's consent.

## Facts

Anupam Jain claimed a residential unit (Flat No. 1501, Tower P-2) was booked by his mother in 2009 and later transferred to him with the Corporate Debtor's consent.

The Appellant claims to be in peaceful possession of the unit since 2016 and had paid a substantial part of the consideration amount.

Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor on 17.03.2022.

The Appellant filed his claim under Form CA with the Interim Resolution Professional (IRP), asserting his rights over the unit and willingness to pay the balance amount.

The Appellant was admitted as a creditor with 0% voting rights and participated in CoC proceedings.

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## Issues and analysis

### Issue 1: Whether the Appellant has established any valid and verifiable financial disbursement so as to …

**Ratio:** The burden of proof lies upon the claimant

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**Reasoning:** The Appellant failed to provide documentary proof of cheque clearance, bank statement, or

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**Interpretation:** The registered Agreement for Sale dated 14.12.2016 records that the property

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**Application:** The Appellant failed to discharge the burden of proving any disbursement as

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## Parties

- **Judges:** Arun Ba…; Mohammad Faiz…
- **Appellants:** Anupam…
- **Respondents:** JSM Devcons India…; CS Chhaya…; +1 more
- **Other parties:** Motel Rahans Pvt.…
- **Advocates:** Akshay Sriv…; Vivek K…; +2 more

## Timeline

- **2009-00-00 — Booking o…**: Smt. Anjali Jain booked…
- **2016-12-14 — Agreement t…**: An Agreement to Sell was executed…

## 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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