# In the matter of Rohit Saini vs. Sandeep Goel RP Sarvottam Realcon Pvt. Ltd.

> NCLAT judgment dated 2024-03-19. Citation: TCN-2024-NCLAT-00571. The case involves an appeal against an order passed by the National Company Law Tribunal…

- **Court:** NCLAT
- **Order date:** 19 Mar 2024
- **Citation:** TCN-2024-NCLAT-00571
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/rohit-saini-vs-sandeep-goel-rp-sarvottam-realcon-pvt-ltd-4b0b55ab

## Summary

### Background

The case involves an appeal against an order passed by the National Company Law Tribunal (NCLT), New Delhi, which dismissed an application filed by the appellant under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016. The appellant sought condonation of a 544-day delay in submitting a claim, acceptance of the claim as a financial creditor, inclusion in the list of financial creditors, and provision of CoC meeting minutes. The NCLT rejected the application. The appellant, a homebuyer, had submitted a claim which was rejected by the Resolution Professional because the time period for the claim had expired. The Resolution Plan was submitted by Anugraham Builders and approved by the CoC.

## Facts

Suraj Kumar Kaushal & Ors. (Homebuyers) filed an application under Section 7 of the Insolvency and Bankruptcy Code against M/s. Sarvottam Realcon Private Limited (Corporate Debtor). The application was admitted on 09.07.2021. Sandeep Goel was appointed as the Interim Resolution Professional (IRP) and later confirmed as the Resolution Professional. A public announcement was made on 14.07.2021, with a claim submission deadline of 26.07.2021, later extended to 07.10.2021. The Appellant, also a Homebuyer, submitted a claim for Rs. 42,39,781/- which was rejected by the Respondent via email on 19.12.2022, citing a 544-day delay. The Respondent rejected the claim on 20.12.2022, stating the claim period had expired. The Resolution Plan was submitted by M/s. Anugraham

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## Issues and analysis

### Issue 1: Whether the delay of 544 days in …

**Ratio:** The delay in filing the claim can be condoned based on the concession made by the

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**Reasoning:** The court relied on the concession made by Mr. Ritesh Jain, a partner of the Successful

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**Interpretation:** The court interpreted that a concession from a key stakeholder (the Successful

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**Application:** In this specific case, the concession from Mr. Ritesh Jain was applied to

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## Parties

- **Judges:** Rakesh Kuma…; Naresh Sa…; +1 more
- **Appellants:** Rohit S…
- **Respondents:** Sarvottam Realcon…; Sarvottam Realcon…; +1 more

## Timeline

- **2021-07-09 — Application A…**: Application under Section 7 of the IBC filed by Homebuyers against Sarvottam Realcon…
- **2021-07-14 — Public Annou…**: Public announcement was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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