# In the matter of Today Homes and Infrastructures Private Limited

> NCLT judgment dated 2023-12-15. Citation: TCN-2023-NCLT-00225. The case involves an application (IA-2953/2023) filed by Mr. Dinesh Gambhir & Ors., homebuyers…

- **Court:** NCLT
- **Order date:** 15 Dec 2023
- **Citation:** TCN-2023-NCLT-00225
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/today-homes-and-infrastructures-private-limited-112c8d0f

## Summary

### Background

The case involves an application (IA-2953/2023) filed by Mr. Dinesh Gambhir & Ors., homebuyers of a villa in the Mayfield Garden project, under Section 60(5) of the Insolvency and Bankruptcy Code, 2016. The applicants sought condonation of delay in filing their claim before the Resolution Professional (RP) and directions regarding the adjudication of their claim, which was pending before the National Consumer Disputes Redressal Commission (NCDRC). The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor, M/s. Today Homes & Infrastructure Private Limited, following an application under Section 9 of the IBC by the Operational Creditor, M/s. Dynacon Projects Private Limited. The application was admitted on 31.10.2019, and a

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## Facts

Mr. Dinesh Gambhir & Ors. are joint allottees of a villa in the Mayfield Garden project. They entered into an Agreement to Sell with M/s. Today Homes & Infrastructure Private Limited (Corporate Debtor) on 13-07-2006. The Corporate Debtor was supposed to give possession within 18 months from the date of the agreement. Due to delays, the applicants filed a Consumer Complaint (No. 569/2014) before the NCDRC. The NCDRC fixed the matter for arguments on damages/compensation on 16-10-2017, after observing that possession had already been given. CIRP was initiated against the Corporate Debtor on 31-10-2019. The applicants filed a claim in Form C on 05-03-2022, which was rejected by the RP on 09-03-2022 because it was filed after the 90-day period from the commencement

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should condone the delay in filing the claim by the applicants …

**Ratio:** The Supreme Court in M/s. R.P.S. Infrastructure Limited Vs. Mukul Kumar and Anr. held

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**Reasoning:** The Adjudicating Authority reasoned that allowing claims after the approval of the

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**Interpretation:** This principle emphasizes the finality of the resolution plan once approved by

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**Application:** The applicants' claim was filed after the approval of the resolution plan by

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** Dinesh Ga…
- **Respondents:** M/s. Today Homes…; Nilesh S…

## Timeline

- **2006-07-13 — Agreement t…**: Applicants entered into an Agreement…
- **2014-01-01 — Consumer Compla…**: Applicants filed Consumer Complaint No. 569/2014 before the NCDRC due to delays in…

## 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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