# In the matter of P Dot G Constructions Private Limited MA-433-2019 in CP-193-IB-2018

> NCLT judgment dated 2019-12-31. Citation: TCN-2019-NCLT-00004. The case involves an application filed by Padam Kumar Tatia, an applicant aggrieved by the…

- **Court:** NCLT
- **Order date:** 31 Dec 2019
- **Citation:** TCN-2019-NCLT-00004
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/p-dot-g-constructions-private-limited-ma-433-2019-in-cp-193-ib-2018-0a00465f

## Summary

### Background

The case involves an application filed by Padam Kumar Tatia, an applicant aggrieved by the rejection of a claim of Rs. 25 Lakhs lodged in Form CA under Regulation 8A of the Insolvency and Bankruptcy (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, against M/s P Dot G Constructions Private Limited. The applicant claims to be a home buyer. The Resolution Professional rejected the claim, leading to the application before the NCLT.

## Facts

Padam Kumar Tatia filed a claim of Rs. 25 Lakhs as a home buyer against M/s P Dot G Constructions Private Limited under the Insolvency and Bankruptcy Code (IBC). The claim was rejected by the Resolution Professional (RP). The applicant's claim is based on a registered document (572/2011) for the registration of UDS of land and a memorandum of agreement, both dated 15.03.2011, related to a property in T Nagar. The applicant claims to have made payments totaling Rs. 17,40,000. The RP argued that there were inconsistencies in the documents, specifically regarding the amount paid and the timing of the payments. The RP also noted that the claim was filed with a significant delay and that the applicant might be acting in concert with other applicants. The RP further

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## Issues and analysis

### Issue 1: Whether the Applicant's claim as a Home Buyer is valid under the Insolvency and Bankruptcy Code, …

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

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**Reasoning:** The court reasoned that the documents filed by the applicant contained inconsistencies

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**Interpretation:** The legal issue involves interpreting the provisions of the IBC related to home

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

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## Parties

- **Judges:** R. VARADH…; Anil Ku…
- **Appellants:** Padam Kumar…
- **Respondents:** M/s.P dot G…; M/s P Dot G…; +1 more

## Timeline

- **2018-07-13 — CIRP Init…**: CIR Process against M/s. P Dot G…
- **2018-10-23 — Claim Lo…**: Claim was lodged in…

## 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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