# In the matter of Jaipuria Buildcon Pvt. Ltd.

> NCLT judgment dated 2023-05-02. Citation: TCN-2023-NCLT-03513. The case involves Mrs. Pallavi Gupta Thakur & Mr. Padam Thakur & Ors as Petitioners/Applicants…

- **Court:** NCLT
- **Order date:** 2 May 2023
- **Citation:** TCN-2023-NCLT-03513
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/jaipuria-buildcon-pvt-ltd-15c13a31

## Summary

### Background

The case involves Mrs. Pallavi Gupta Thakur & Mr. Padam Thakur & Ors as Petitioners/Applicants against Jaipuria Buildcon Pvt Ltd as Respondent. The order is under Section 7 of the Insolvency & Bankruptcy Code (IBC), 2016 (CIRP). Several IAs (Interlocutory Applications) are listed for consideration.

## Facts

Mrs. Pallavi Gupta Thakur & Mr. Padam Thakur & Ors filed a case against Jaipuria Buildcon Pvt Ltd under Section 7 of the IBC, 2016. The RP is directed to examine applications filed by the homebuyers in terms of the judgment of Hon'ble NCLAT in the matter of “Puneet Kaur Vs. KV Developers Limited” to examine their claims on merits with reference to the books and accounts of the Corporate Debtor. IA-4972/2022 was dismissed due to the absence of the applicant on repeated calls and on the last date of hearing. IA-6299/2022 was dismissed as withdrawn at the request of the RP's counsel. The court directed the respondents to file their response within two weeks for IA-6316/2022, IA-52/2023, IA-574/2023, IA-598/2023, & IA-1229/2023. The IBBI is directed to initiate

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## Issues and analysis

### Issue 1: Whether the RP should examine the applications filed by the homebuyers in terms of the judgment of …

**Ratio:** The RP has a duty to examine claims on merits with reference to the books and accounts of

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**Reasoning:** The court refers to the judgment of Hon'ble NCLAT in the matter of “Puneet Kaur Vs. KV

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**Interpretation:** This implies that the RP must thoroughly investigate the claims of the

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**Application:** The RP is required to review the applications filed by the homebuyers and

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## Parties

- **Judges:** Ramalingam…; SH. L. N.…
- **Appellants:** Pallavi Gupta…
- **Respondents:** Jaipuria Buildcon…

## Timeline

- **2023-05-02 — Order Del…**: Order delivered on…
- **2023-04-17 — Date of H…**: Last date of hearing for…

## 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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