# In the matter of P Dot G Constructions Private Limited MA-432-2019 in CP-193-IB-2018

> NCLT judgment dated 2019-12-31. Citation: TCN-2019-NCLT-00002. The case involves an application filed by Mr. Mittalal Bhawarlal, claiming to be a home buyer,…

- **Court:** NCLT
- **Order date:** 31 Dec 2019
- **Citation:** TCN-2019-NCLT-00002
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/p-dot-g-constructions-private-limited-ma-432-2019-in-cp-193-ib-2018-65fba1df

## Summary

### Background

The case involves an application filed by Mr. Mittalal Bhawarlal, claiming to be a home buyer, against the rejection of his claim of Rs.44 Lakhs by the Resolution Professional, Mr. Sundaresan Nagarjan, in the corporate insolvency resolution process (CIRP) of M/s. P Dot G Constructions Private Limited. The applicant lodged the claim in Form CA under Regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, dated 06.10.2018. The Resolution Professional rejected the claim due to the absence of receipts. The applicant contends that adequate documents were filed. The claim pertains to three properties, one in T. Nagar and two in 'Sunshine Bloom Block' and 'Sunshine Rainbow Block' projects.

## Facts

Mr. Mittalal Bhawarlal filed a claim of Rs.44 Lakhs as a home buyer in the CIRP of M/s. P Dot G Constructions Private Limited. The claim was lodged in Form CA under Regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, dated 06.10.2018. The Resolution Professional, Mr. Sundaresan Nagarjan, rejected the claim due to the absence of receipts. The claim relates to three properties: one in T. Nagar and two in 'Sunshine Bloom Block' and 'Sunshine Rainbow Block' projects. The applicant provided registered documents, including sale agreements and memorandum of agreements, to support the claim. The Resolution Professional argued that the applicant cannot be considered a home buyer, the claim was lodged beyond the

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## Issues and analysis

### Issue 1: Whether the Applicant can be considered a 'Home Buyer' under the Insolvency and Bankruptcy Code, …

**Ratio:** The Hon'ble Supreme Court of India in the case of Pioneer Urban Land and Infrastructure

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**Reasoning:** The court reasoned that the transactions appeared speculative, and the applicant's

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**Interpretation:** The interpretation of the term 'Home Buyer' under the I&B Code is crucial

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**Application:** The court applied the ratio of the Pioneer Urban Land case to the facts of the

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** Mittalal Bh…
- **Respondents:** M/s.P dot G…; Sundaresan…

## Timeline

- **2018-10-06 — Claim Lo…**: Applicant lodged the claim in…
- **2018-10-23 — Claim Lodged i…**: The claim was lodged in Form…

## Legal provisions

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

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