# In the matter of Radius Estates and Developers Pvt. Ltd. IA 2995 of 2022 in C.P. (IB) 1390 OF 2020

> NCLT judgment dated 2023-01-13. Citation: TCN-2023-NCLT-05038. The applicant, Barodia Kirtikumar Champaklal, filed an application claiming to be treated as a…

- **Court:** NCLT
- **Order date:** 13 Jan 2023
- **Citation:** TCN-2023-NCLT-05038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/radius-estates-and-developers-pvt-ltd-ia-2995-of-2022-in-cp-ib-1390-of-2020-05812b59

## Summary

### Background

The applicant, Barodia Kirtikumar Champaklal, filed an application claiming to be treated as a home buyer based on a provisional allotment letter dated October 20, 2015, for two flats in a project by Radius Estates and Developers Private Limited, the Corporate Debtor. The applicant claimed ignorance of the insolvency proceedings against the Corporate Debtor and filed a claim with the Resolution Professional (RP) on September 19, 2022, after learning about the proceedings. The applicant stated he had paid Rs. 3,96,000 towards the cost of the flats via cheques dated September 22, 2015, and was provisionally allotted units T2-A2 and T2-A3. The RP rejected the claim, leading to the present application.

## Facts

Barodia Kirtikumar Champaklal, the applicant, claimed to have agreed to purchase two flats from Radius Estates and Developers Private Limited (Corporate Debtor) based on a provisional allotment letter dated October 20, 2015. The applicant stated he was unaware of the insolvency proceedings against the Corporate Debtor. He filed a claim with the Resolution Professional (RP) on September 19, 2022, after learning about the insolvency proceedings. The applicant claimed to have paid Rs. 3,96,000 towards the cost of the flats via cheques dated September 22, 2015, and was provisionally allotted units T2-A2 and T2-A3. The RP rejected the claim, stating that the allotment was provisional and tentative, and the allotment letter was not part of the Corporate Debtor's records. The

…

## Issues and analysis

### Issue 1: Whether the applicant can be treated as a home buyer based on a provisional allotment letter when …

**Ratio:** The court held that the applicant cannot be treated as a home buyer based solely on a

…

**Reasoning:** The court reasoned that the applicant's claim lacked sufficient supporting documentation

…

**Interpretation:** This issue involves the interpretation of the rights and obligations arising

…

**Application:** In this case, the applicant's claim was based solely on a provisional allotment

…

## Parties

- **Judges:** Kuldip Kumar…; ANURADHA SANJAY…
- **Appellants:** Barodia Kirtikumar…
- **Respondents:** Radius Estates &…; Jayesh Natvarlal…
- **Advocates:** Saurabh Bac…; Pulkit S…; +8 more

## Timeline

- **2015-10-20 — Provisional Allotment…**: Applicant received a provisional allotment…
- **2015-09-22 — Payment via…**: Applicant made payments via Cheque No. 120737…

## 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)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/radius-estates-and-developers-pvt-ltd-ia-2995-of-2022-in-cp-ib-1390-of-2020-05812b59