# Sunita Bagai & Ors. vs. Mr. Rahul Jindal, RP of Samar Estates Private Limited

> NCLT judgment dated 2026-08-13. Citation: TCN-2026-NCLT-00961. The Applicants (Sunita Bagai, Vinod Bagai, and Virender Bagai), who are related parties to the…

- **Court:** NCLT
- **Order date:** 13 Aug 2026
- **Citation:** TCN-2026-NCLT-00961
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sunita-bagai-ors-vs-mr-rahul-jindal-rp-of-samar-estates-private-limited-3lj8i

## Summary

### Background

The Applicants (Sunita Bagai, Vinod Bagai, and Virender Bagai), who are related parties to the Corporate Debtor (Samar Estates Private Limited) and include suspended directors and a spouse of a director, purchased twelve residential units from the Corporate Debtor. Their claims as allottees/financial creditors were admitted by the Interim Resolution Professional (IRP)/Resolution Professional (RP). However, the Resolution Plan, approved by the Committee of Creditors (CoC), contained specific clauses (3.2.1.3 and 9 of Chapter 7) that provided for the outright rejection of claims of related-party allottees, denying them any unit allotment or payment and treating their contracts as terminated. The Applicants challenged these clauses as illegal and discriminatory, seeking

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## Facts

Applicants (Sunita Bagai, Vinod Bagai, Virender Bagai) purchased twelve residential units in the project "Ess Vee Apartments", Sector-20, Panchkula, developed by the Corporate Debtor, under Apartment Buyer Agreements executed between 2010 and 2016.

Applicant No.2 (Vinod Bagai) and Applicant No.3 (Virender Bagai) are suspended directors of the Corporate Debtor, holding 61.61% and 24.45% equity respectively.

Applicant No.1 (Sunita Bagai), holding 13.59% equity, is the wife of Applicant No.2 (Vinod Bagai).

The Applicants are related parties of the Corporate Debtor within the meaning of Section 5(24) of the Code.

The Corporate Insolvency Resolution Process (CIRP) commenced on 12.01.2024.

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## Issues and analysis

### Issue 1: Whether the admission of the Applicants' claims by the RP entitles them to payment in parity with …

**Ratio:** The principle of 'generalia specialibus non derogant' dictates that a specific provision

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**Reasoning:** Clause 2.3 of Chapter 7 is a general "clean-slate" provision intended to

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**Interpretation:** Clause 2.3 addresses the general status of claims (admitted vs. unadmitted for

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**Application:** The Applicants' claims, though admitted by the RP, fall under the specific

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## Parties

- **Judges:** SH. KHETRABASI…; Sh. Shishir…
- **Appellants:** Sunita…; Vinod B…; +1 more
- **Respondents:** Samar Estates…; Rahul Jindal,…
- **Other parties:** Punjab & Si…; Rahul J…
- **Advocates:** Rakesh…; Rakshit…; +5 more

## Timeline

- **2024-01-12 — CIRP Commen…**: Commencement of Corporate…
- **2024-01-25 — Claims F…**: Applicants filed claims in Form CA…

## 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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