# In the matter of Amit Nehra & Anr. vs. Pawan Kumar Garg & Ors.

> SC judgment dated 2025-09-09. Citation: TCN-2025-SC-00086. The case involves a dispute over the possession of a residential apartment in the IREO Rise…

- **Court:** SC
- **Order date:** 9 Sept 2025
- **Citation:** TCN-2025-SC-00086
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/amit-nehra-anr-vs-pawan-kumar-garg-ors-409ed8d8

## Summary

### Background

The case involves a dispute over the possession of a residential apartment in the IREO Rise (Gardenia) project developed by Puma Realtors Private Limited (Corporate Debtor). The Appellants, Amit Nehra & Anr., booked an apartment in 2010 and paid a substantial portion of the consideration. The Corporate Debtor failed to deliver possession as per the agreement.

## Facts

Amit Nehra & Anr. booked an apartment in the IREO Rise (Gardenia) project in 2010.

The Appellants executed an Apartment Buyer's Agreement with Puma Realtors Private Limited on 27.05.2011.

The Appellants paid Rs. 57,56,684/- out of the total consideration of Rs. 60,06,368/-.

The Corporate Debtor failed to deliver possession of the apartment by the agreed date of 27.11.2013.

The NCLT admitted an application under Section 7 of the IBC against the Corporate Debtor on 17.10.2018.

The Interim Resolution Professional issued a public announcement on 22.10.2018 calling upon all creditors to submit their claims.

The Appellants submitted their claim on 11.01.2019 at the project office and resubmitted it via email on 07.02.2020.

…

## Issues and analysis

### Issue 1: Whether the Appellants should be considered belated claimants under Clause 18.4(xi) of the …

**Ratio:** The Appellants' claim was verified and admitted by the Resolution Professional and

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**Reasoning:** The Appellants submitted their claim, it was verified, and it was included in the list of

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**Interpretation:** Clause 18.4(xi) applies to cases where no claim has been filed or the claim has

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**Application:** The Appellants' case does not fall under Clause 18.4(xi) because their claim

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## Parties

- **Judges:** SATISH CHANDRA…; Sanjay…
- **Appellants:** AMIT N…
- **Respondents:** M/s Puma Realtors…; PAWAN KUMA…
- **Other parties:** Over Tu…

## Timeline

- **2010-N/A — Apartment B…**: Appellants booked an apartment in…
- **2011-05-27 — Buyer's Agr…**: Appellants executed an Apartment Buyer's…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 62 — Appeal to Supreme Court](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-62)

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