# In the matter of Snehanjali and S.B. Developers Private Limited

> NCLT judgment dated 2024-10-09. Citation: TCN-2024-NCLT-00456. This Interlocutory Application (IA No.3601/MB/2024) was filed by Mr. Dinesh Chaplot, Mrs. Sneha…

- **Court:** NCLT
- **Order date:** 9 Oct 2024
- **Citation:** TCN-2024-NCLT-00456
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/snehanjali-and-sb-developers-private-limited-c06fc0eb

## Summary

### Background

This Interlocutory Application (IA No.3601/MB/2024) was filed by Mr. Dinesh Chaplot, Mrs. Sneha Chaplot, and Mrs. Anita Chaplot, who are financial creditors and homebuyers of a housing redevelopment project called O2, undertaken by the Corporate Debtor, M/S Snehanjali and S.B. Developers Private Limited. The applicants filed the application challenging the non-decision and non-admission of their financial claims totaling Rs. 17,32,90,305 by the Respondent, the Resolution Professional. The applicants had acquired 6 flats in 2016 from "SB Developers," a partnership firm that was later converted into a company which is now the Corporate Debtor. The Respondent is the Resolution Professional of the Corporate Debtor appointed by the Tribunal.

## Facts

Mr. Dinesh Chaplot, Mrs. Sneha Chaplot, and Mrs. Anita Chaplot filed an application against the Resolution Professional (RP) of M/S Snehanjali and S.B. Developers Private Limited, challenging the non-admission of their financial claims. The applicants are financial creditors and homebuyers of a housing project called O2. They acquired six flats in 2016 from SB Developers, a partnership firm later converted into a company (the Corporate Debtor). Mr. Dinesh Chaplot was a partner in SB Developers until August 8, 2016, and is related to the other applicants. The applicants executed Agreements for Sale in August 2016 and supplementary agreements later. The supplementary agreements included clauses for penalties if possession was delayed. The possession date was extended to

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## Issues and analysis

### Issue 1: Whether the Respondent/RP was justified in rejecting a portion of the Applicants' claims based on …

**Ratio:** The role of the RP is primarily administrative, involving receiving, collating, and

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**Reasoning:** The Tribunal found that the Respondent/RP had acted with bias and prejudice in rejecting

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**Interpretation:** The RP's duty is to verify claims based on available information and evidence,

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**Application:** The Tribunal directed the Respondent/RP to verify the principal amount of the

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## Parties

- **Judges:** K. R. SAJI…; SANJIV…
- **Appellants:** Dinesh Ch…
- **Respondents:** M/s. SNEHANJALI…; Dinesh Kuma…

## Timeline

- **2016-08-01 — Purchase of…**: Applicants purchased 6…
- **2016-08-10 — Agreements f…**: Agreements for Sale executed…

## 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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