# In the matter of Ayush Aggarwal vs. Jaypee Infratech Ltd. & Ors.

> SC judgment dated 2024-04-29. Citation: TCN-2024-SC-00073. The case involves a civil appeal before the Supreme Court of India. The appellant, Ayush Agarwal,…

- **Court:** SC
- **Order date:** 29 Apr 2024
- **Citation:** TCN-2024-SC-00073
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/ayush-aggarwal-vs-jaypee-infratech-ltd-ors-5de1b129

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India. The appellant, Ayush Agarwal, is not challenging the resolution plan itself but restricts his claim to his status as a home buyer whose payments are reflected in the books of accounts of the corporate debtor. There is no dispute that the payments are genuine. The appellant argues that non-filing of the claim should not result in rejecting his claim and entitlement as a home buyer.

## Facts

Ayush Agarwal filed a civil appeal before the Supreme Court of India. Ayush Agarwal claims to be a home buyer with payments reflected in the books of accounts of the corporate debtor, Jaypee Infratech Ltd. The appellant is not challenging the resolution plan itself. The appellant's counsel argues that the non-filing of the claim should not result in its rejection. The court is considering the impact of the notice on the execution of the resolution plan and the appellant's entitlement as a home buyer. The payments made by the appellant are considered genuine.

## Issues and analysis

### Issue 1: Whether the non-filing of a claim by a home buyer, whose payments are reflected in the books of …

**Ratio:** The ratio is that a home buyer's claim should not be rejected solely on the basis of

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**Reasoning:** The court's reasoning is based on the principle that the substance of the claim should be

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**Interpretation:** This interprets the law to protect the interests of home buyers who have made

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**Application:** In this specific case, the ratio and reasoning apply to Ayush Agarwal, whose

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## Parties

- **Judges:** SANJIV K…; DIPANKAR…
- **Appellants:** AYUSH AG…
- **Respondents:** Jaypee Infratech…

## Timeline

- **2024-04-29 — Hearing…**: The appeal was called…
- **2024-09-02 — Returnabl…**: Notice is returnable in the…

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