# In the matter of Soni Realtors Pvt. Ltd. (IB)-609(ND)-2017

> NCLT judgment dated 2019-04-01. Citation: TCN-2019-NCLT-04235. The case involves SE Investment Ltd. V/s. Soni Realtors Pvt. Ltd. before the National Company…

- **Court:** NCLT
- **Order date:** 1 Apr 2019
- **Citation:** TCN-2019-NCLT-04235
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/soni-realtors-pvt-ltd-ib-609nd-2017-01e560a0

## Summary

### Background

The case involves SE Investment Ltd. V/s. Soni Realtors Pvt. Ltd. before the National Company Law Tribunal (NCLT), New Delhi Bench. The Resolution Professional (RP) has submitted that the Local Commissioner appointed in the case has agreed to scrutinize the disputed claims. The order pertains to the adjudication of claims, particularly those of home buyers, and the process for classifying them as such or as financial creditors.

## Facts

The case involves a dispute between SE Investment Ltd. and Soni Realtors Pvt. Ltd. The Resolution Professional (RP) has stated that the Local Commissioner will scrutinize the disputed claims. The core issue revolves around classifying claimants as either home buyers or financial creditors, especially since the property in question has been sold to multiple parties. Aggrieved parties have the right to approach the Local Commissioner. The RP is tasked with presenting the claims and explaining the scope of work to the Local Commissioner. The decision of the Local Commissioner is final for the purpose of classifying home buyers or financial creditors. Mr. Nagesh and Mr. Rahul, Ld. Counsels appear on behalf of the Home Buyers whose claims are in dispute.

## Issues and analysis

### Issue 1: Whether the Local Commissioner's decision on classifying claimants as home buyers or financial …

**Ratio:** The decision of the Local Commissioner shall be final for the purpose of classifying home

…

**Reasoning:** The court has explicitly stated that the Local Commissioner's decision is final to ensure

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**Interpretation:** This clause grants the Local Commissioner the authority to make a conclusive

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**Application:** In this specific case, the Local Commissioner's classification of claimants as

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## Parties

- **Judges:** V.K. SUB…; Ina Mal…
- **Appellants:** SE Investme…
- **Respondents:** Soni Realtors…
- **Advocates:** Nage…; Rahu…

## Timeline

- **2019-04-01 — Hearing…**: Hearing before the New Delhi Bench of…
- **N/A — Report F…**: Report to be filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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