# In the matter of Logix City Developers Private Limited

> NCLT judgment dated 2023-10-31. Citation: TCN-2023-NCLT-00936. The case involves an application (IA-3821/2023) filed by Mr. Ayush Goel, a homebuyer and…

- **Court:** NCLT
- **Order date:** 31 Oct 2023
- **Citation:** TCN-2023-NCLT-00936
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/logix-city-developers-private-limited-a41923c8

## Summary

### Background

The case involves an application (IA-3821/2023) filed by Mr. Ayush Goel, a homebuyer and financial creditor, under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules, 2016. Mr. Goel sought relief related to the Corporate Insolvency Resolution Process (CIRP) of M/s. Logix City Developers Private Limited. An earlier application under section 7 of the IBC was filed by Mr. Anil Kaushal & Ors. against Logix City Developers, which was admitted on 17.08.2022, leading to a moratorium and the appointment of an Interim Resolution Professional. Mr. Goel, an allottee of a flat in the 'Blossom Zest' project, claims to have made substantial payments but was unaware of the CIRP due to health issues and filed his claim late.

## Facts

Mr. Ayush Goel, a homebuyer, filed an application (IA-3821/2023) under Section 60(5) of the IBC, seeking relief related to the CIRP of M/s. Logix City Developers Private Limited. Logix City Developers is undergoing CIRP following the admission of an application under Section 7 of the IBC filed by Mr. Anil Kaushal & Ors. on 17.08.2022. Mr. Goel is an allottee of unit no. C-1705 in the 'Blossom Zest' project, having paid Rs. 32,90,000/- towards the sale consideration of Rs. 32,75,000/-. He received an allotment letter dated 30.07.2021 and a 'No Dues' certificate dated 12.03.2022. Mr. Goel claims he was unaware of the CIRP due to health issues and filed his claim late. The Resolution Plan proposes to hand over possession of flats to all bona fide allottees,

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## Issues and analysis

### Issue 1: Whether the prayer in the present Application (IA-3821/2023) is covered by the Order dated …

**Ratio:** The ratio is based on the principle that similar issues should be treated consistently.

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**Reasoning:** The court reasoned that the prayer in IA-3821/2023, concerning the applicant's claim as

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**Interpretation:** The interpretation is that if a court has already ruled on a specific matter in

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**Application:** In this case, the court applied the ratio by determining that the issue of Mr.

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** ANIL KA…
- **Respondents:** LOGIX CITY…; Ayush…

## Timeline

- **2021-07-30 — Allotment Lett…**: M/s Logix City Developers Private Limited issued an allotment letter to Mr. Ayush Goel…
- **2022-03-12 — No Dues Certificate…**: Logix City Developers Private Limited issued a…

## 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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