# ESS VEE APARTMENTS HOMEBUYERS ASSOCIATION, PANCHKULA vs. RAHUL JINDAL, RESOLUTION PROFESSIONAL OF SAMAR ESTATES PVT. LTD.

> NCLT judgment dated 2026-08-13. Citation: TCN-2026-NCLT-00959. Ess Vee Apartments Home Buyers Association filed I.A. No. 339/2024 under Section 60(5) of the…

- **Court:** NCLT
- **Order date:** 13 Aug 2026
- **Citation:** TCN-2026-NCLT-00959
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/ess-vee-apartments-homebuyers-association-panchkula-vs-rahul-jindal-resolution-p-cgiun

## Summary

### Background

Ess Vee Apartments Home Buyers Association filed I.A. No. 339/2024 under Section 60(5) of the IBC in the Corporate Insolvency Resolution Process (CIRP) of Samar Estates Pvt. Ltd. The application sought directions against the Resolution Professional (RP), Mr. Rahul Jindal, concerning the arbitrary admission and computation of homebuyers' claims, recalculation based on RERA orders and contractual terms, consideration of all payments, and issues related to the constitution and proceedings of the Committee of Creditors (CoC). The CIRP was initiated by Punjab and Sind Bank and admitted on 12.01.2024.

## Facts

I.A. No. 339/2024 was filed by Ess Vee Apartments Home Buyers Association in CP (IB) No. 98/CHD/HRY/2022 under Section 60(5) of the IBC, 2016.

The application sought directions regarding the Resolution Professional's actions in admitting and computing homebuyers' claims, recalculation of claims, consideration of payments, and the constitution/proceedings of the Committee of Creditors (CoC).

The Corporate Insolvency Resolution Process (CIRP) of Samar Estates Pvt. Ltd. commenced pursuant to a Section 7 petition filed by Punjab and Sind Bank.

The CIRP was admitted by an order dated 12.01.2024, and Mr. Rahul Jindal was appointed as the Interim Resolution Professional.

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## Issues and analysis

### Issue 1: Whether an application under Section 60(5) of the Code filed by the Applicant Association seeking …

**Ratio:** A society or association of homebuyers, not being a creditor in its own right and not

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**Reasoning:** The NCLT referred to Supreme Court judgments in Elegna Co-Op. Housing and Commercial

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**Interpretation:** The IBC framework strictly defines who can participate and represent creditors.

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**Application:** In the present case, the Ess Vee Apartments Home Buyers Association, not being

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## Parties

- **Judges:** KHETRABASI…; Sh. Shishir…
- **Appellants:** ESS VEE APARTMENTS…; PUNJAB AND SIND…; +1 more
- **Respondents:** SAMAR ESTATE PVT.…; Samar Estates…; +1 more
- **Other parties:** Homebu…; Rahul J…
- **Advocates:** Anand Chh…; Vaibhav…; +5 more

## Timeline

- **2024-01-12 — CIRP Commencement & IRP…**: The Corporate Insolvency Resolution Process (CIRP) of Samar Estates Pvt. Ltd. commenced,…
- **2024-01-15 — Public Announcement for…**: A public announcement was issued inviting…

## 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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