# In the matter of Monarch Brookefields LLP

> NCLT judgment dated 2024-08-12. Citation: TCN-2024-NCLT-00831. The applicant, Mr. Pradeep Patil, sought relief regarding a flat he booked in a project by the…

- **Court:** NCLT
- **Order date:** 12 Aug 2024
- **Citation:** TCN-2024-NCLT-00831
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/monarch-brookefields-llp-70f1bfd1

## Summary

### Background

The applicant, Mr. Pradeep Patil, sought relief regarding a flat he booked in a project by the Corporate Debtor, Monarch Brookefields. He was initially allotted a flat on the first floor, but later allotted a flat on the 11th floor for the same consideration. He was asked to pay an extra amount for the new flat. The applicant's claim was admitted during the CIRP, but as per the approved resolution plan, he is only entitled to 25% of the claim amount and not entitled to any flat. The applicant filed an application seeking the resolution plan not be approved until flat buyer's issues are resolved, to be included in the list of flat buyers, and to be allotted Flat No. 1103 Virginia with covered car parking.

## Facts

Mr. Pradeep Patil, the applicant, booked a flat in a project by Monarch Brookefields, the Corporate Debtor. Initially, he was allotted Flat No. 103 on the first floor for Rs. 40,87,000. However, the Corporate Debtor informed him that the flat was already sold and allotted him Flat No. 1103 on the 11th floor. He paid an additional amount of Rs. 8,49,503, bringing the total to Rs. 49,36,503, paid to Mr. Gopal Thakur, a Designated Partner of the Corporate Debtor. The designated partners took payments in their account and executed the agreement for sale for the floor for which they had no permission received from Municipal Authority. The applicant's claim was admitted during the Corporate Insolvency Resolution Process (CIRP), and he was listed as Serial No. 268 against

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## Issues and analysis

### Issue 1: Whether the applicant is entitled to the allotment of Flat No. 1103 Virginia with covered car …

**Ratio:** The court held that the applicant is not entitled to the allotment of the flat because

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**Reasoning:** The court reasoned that the applicant cannot be punished for the illegalities on the part

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**Interpretation:** The court interpreted that the applicant's claim for allotment of the flat is

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**Application:** The ratio and reasoning apply to the specific facts of the case because the

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## Parties

- **Judges:** ANIL RAJ C…; Kuldip Kumar…
- **Appellants:** Pradeep…
- **Respondents:** M/s. Monarch…; Arun Ka…

## Timeline

- **2017-01-30 — Registered Agreement…**: Applicant was allotted Flat No. 1103 Virginia vide Registered Agreement for Sale for a…
- **2019-09-27 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP)…

## 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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