# In the matter of Ambojini Property Developers Private Limited

> NCLT judgment dated 2024-04-04. Citation: TCN-2024-NCLT-01834. K. Amutha filed an application against the Resolution Professional of Ambojini Property…

- **Court:** NCLT
- **Order date:** 4 Apr 2024
- **Citation:** TCN-2024-NCLT-01834
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/ambojini-property-developers-private-limited-75f29070

## Summary

### Background

K. Amutha filed an application against the Resolution Professional of Ambojini Property Developers Private Limited, seeking the admission of her entire claim of Rs. 35,20,000, which included an interest of Rs. 15,20,000. The applicant had booked a 2 BHK apartment in a project promoted by the Corporate Debtor and paid Rs. 20,00,000 as advance. Despite requests, the Corporate Debtor refused to refund the advance when there was no progress in the construction project. The applicant submitted a claim with the Interim Resolution Professional (IRP) for Rs. 35,20,000, but her claim was admitted only to the extent of Rs. 3,77,178. The applicant contended that the partial admission of her claim was illegal. The Resolution Professional stated that there was no entry in the books

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## Facts

K. Amutha booked a 2 BHK apartment in a project named Sai Peace & Prosperity in Taramani, promoted by Ambojini Property Developers Private Limited (Corporate Debtor). As per the booking form, she was required to pay Rs. 20,00,000 as advance. She paid Rs. 2,50,000 through cheque and Rs. 17,50,000 in cash as booking advance. Due to lack of progress in the construction, she requested a refund, which was refused. She submitted a claim with the Interim Resolution Professional (IRP) for Rs. 35,20,000, including interest, but only Rs. 3,77,178 was admitted. The Resolution Professional stated that the cash payment was not recorded in the Corporate Debtor's books. The applicant's name was not found in the affidavit provided by the erstwhile promoter of the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Resolution Professional is justified in not admitting the entire claim of the …

**Ratio:** The Resolution Professional must verify the authenticity of the supporting documents that

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**Reasoning:** The court reasoned that the Resolution Professional should not solely rely on the books

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**Interpretation:** This means that the Resolution Professional has a duty to investigate and

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**Application:** The court applied this principle by directing the Resolution Professional to

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## Parties

- **Judges:** JYOTI KUMAR…; RAVICHANDRAN…
- **Appellants:** K. Am…
- **Respondents:** Ambojini Property…; ANIL KUMAR…

## Timeline

- **2016-01-01 — Application by…**: K.Amutha filed an application against the…
- **2019-09-10 — CIRP Admi…**: The Corporate Debtor was admitted to CIRP vide order dated 10.09.2019 and Dr.L.Natarajan…

## 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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