# In the matter of Radius Estate Projects Private Limited

> Read the full IBC case summary for In the matter of Radius Estate Projects Private Limited. NCLT judgment dated 2025-10-10. Citation: TCN-2025-NCLT-01565.

- **Court:** NCLT
- **Order date:** 10 Oct 2025
- **Citation:** TCN-2025-NCLT-01565
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/radius-estate-projects-private-limited-75029a4f

## Summary

### Background

The Resolution Professional filed an application under Sections 43, 45, and 49 of the IBC, seeking directions against the respondents to contribute to the corporate debtor's assets based on a transaction audit report that identified preferential, undervalued, and fraudulent transactions.

## Facts

The Corporate Debtor, Radius Estate Projects Private Limited, had a Company Petition (IB) No. 380 of 2021 filed against it by a financial creditor under Section 7 of the Insolvency and Bankruptcy Code, 2016. The NCLT admitted this application on September 6, 2021, initiating the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor. Subsequently, the Resolution Professional filed an application under Sections 43, 45, and 49 of the IBC, seeking to avoid certain transactions.

## Issues and analysis

### Issue 1: Whether the mortgage deed creates interest in favour of Respondent No.1 and whether such creation…

**Ratio:** A mortgage deed executed shortly before the initiation of CIRP, which converts an…

**Reasoning:** The NCLT found that the Mortgage Deed dated July 29, 2021, created a security interest…

**Interpretation:** The court interpreted Section 53 of the IBC, which outlines the order of…

**Application:** The mortgage deed, executed two months before CIRP, elevated Respondent No. 1's…

## Parties

- **Judges:** Mohan Prasad…; Charanjeet Singh…
- **Advocates:** Mulkit…; Rohit G…; +6 more

## Timeline

- **December 18, 2014 — Debenture Subscription…**: The Corporate Debtor entered into an unregistered Debenture Subscription Agreement with…
- **July 29, 2021 — Mortgage Deed…**: The Corporate Debtor executed a Mortgage Deed in favor of Suraksha and Sumer Radius…

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