Tribunals and CommissionsSingle Bench(2019) 07 NCLT CK 0649

Manohar Karamchandani vs Balajidham Buildestates Pvt. Ltd.

National Company Law Tribunal, Jaipur Bench (Rajasthan) · Decided on 12 July 2019

HON’BLE JUDGES
Dr. Deepti Mukesh, Member (Judicial)
CASE NUMBER
IA No. 209/JPR/2019

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Judgment

2 paragraphs · 237 words

IA No. 209/JPR/2019 is filed by one of the home-buyer Ms. Rukmani Soni for condonation of delay of 127 days in filing her claim before the RP. Learned Chartered Accountant (CA) states that she is home-maker and not very educated person. When fosy picture was put before her by the Corporate Debtor that she will be handed over furnish accommodation on payment of the amount as per the MOU. The applicant had invested her savings to book this unit but was not aware about the technicalities and legalities to be followed up. Its only recently when the other home-buyers of the same project intimated her about the Corporate Debtor undergoing CIRP whereby she is required to represent her claim before the concerned authority being RP and file appropriate claim, she took steps to approach Chartered Accountant to take appropriate steps hence this application. The learned RP states that the claim of applicant is not reflected in the financial statements of the Corporate Debtor. Further she says that duly receipts signed by the Corporate Debtor were produced before her hence does not object to the condonation being allowed. Considering that the amount invested by a lay person is her savings, in the interest of justice delay of 127 days in filing the claim is condoned and application is allowed. RP is directed accept the claim and adjudicate as per law.

Application is allowed in terms of above order.