AMIT NEHRA & ANR. versus PAWAN KUMAR GARG & ORS.

Citation: [2025] 9 S.C.R. 627 · Decided: 09-09-2025 · Supreme Court of India · Bench: SANJAY KUMAR · Disposal: Appeal(s) allowed
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Judgment (excerpt)

[2025] 9 S.C.R. 627 : 2025 INSC 1086
Amit Nehra & Anr. 
v. 
Pawan Kumar Garg & Ors.
(Civil Appeal No. 4296 of 2025)
09 September 2025
[Sanjay Kumar and Satish Chandra Sharma,* JJ.]
Issue for Consideration
Whether the appellants, being allottees of an apartment in a project 
developed by the erstwhile Corporate Debtor and having admittedly 
paid a sum of Rs.57,56,684/- out of the total consideration of 
Rs.60,06,368/-, are to be treated as belated claimants entitled only 
to refund of 50% of their principal deposit under Clause 18.4(xi), 
or whether, their claim having been duly verified and incorporated 
in the list of creditors, they are entitled to possession in terms of 
Clause 18.4(vi)(a) of the Resolution Plan.
Headnotes†
Insolvency and Bankruptcy Code, 2016 – s.62 – The appellants, 
aggrieved by the failure to deliver possession of their allotted 
apartment despite substantial consideration being paid, filed 
an application before the NCLT seeking, inter alia, directions 
to the Resolution Professional and the Successful Resolution 
Applicants to execute the conveyance deed in their favour – 
Applications were opposed by the Resolution Professional 
and the Successful Resolution Applicant asserting that the 
only claim filed by the appellants was on 07.02.2020, well 
after the Committee of Creditors had approved the Resolution 
Plan on 23.08.2019 – It was argued that the appellants claim 
was therefore squarely covered by Clause 18.4(xi), which 
provided for refund of only 50% of the principal amount 
paid – Correctness:
Held: The admitted and undisputed position remains that the 
appellants claim was resubmitted on 07.02.2020; that it was duly 
verified by the Resolution Professional; and that it was incorporated 
in the published list of creditors dated 30.04.2020 – Once such 
* Author
628
[2025] 9 S.C.R.
Supreme Court Reports
verification and incorporation occurred, the claim acquired full legal 
recognition within the CIRP process – The publication of the list of 
financial creditors is an act in discharge of a statutory duty by the 
Resolution Professional – It cannot be reduced to a meaningless 
formality – The Resolution Professional rightly admitted the claim 
of the Appellants to the extent of Rs.57,56,684/- and reflected it at 
Serial No.636 in the list of financial creditors – Clause 18.4(xi) of 
the Resolution Plan is residuary in nature, applying where no claim 
has been filed, or if filed, not verified by the Resolution Professional, 
or if verified, not communicated to the Resolution Applicant; such 
allottees are extended only a reduced benefit of refund of 50% of 
the principal amount deposited – The appellants case, on admitted 
facts, does not fall within Clause 18.4(xi) – Their claim was filed, 
verified, and informed to the Successful Resolution Applicant, as is 
evidenced by the entry at Serial No. 636 in the list of creditors dated 
30.04.2020, admitting their claim to the extent of Rs.57,56,684/- – 
Once so admitted, their case squarely falls within Clause 18.4(ii) 
read with Clause 18.4(vi)(a) of the Resolution Plan – Clause 18.4(ii) 
stipulates that where the claim has been filed and admitted by 
the Resolution Professional, and the allotment letter issued, the 
claim shall be honored in full and Clause 18.4(vi)(a) sets out the 
payment plan for existing allottees, providing for handover of units 
or execution of conveyance – Accordingly, respondent(s) directed 
to execute the Conveyance Deed and hand over possession of 
Apartment to the appellants. [Paras 32, 33, 34, 40]
Case Law Cited
Puneet Kaur v. K.V. Developers Pvt. Ltd. & Ors., 2022 SCC Online 
NCLAT 245 – referred to.
List of Acts
Insolvency and Bankruptcy Code, 2016.
List of Keywords
Allottees of an apartment; Belated claimants; Claim incorporated 
in the list of creditors; Possession; Conveyance deed; Failure to 
deliver possession; Approved the Resolution Plan; Resolution 
Professional; Successful Resolution Applicant; Clause 18.4(xi) 
of the Resolution Plan; Clause of Resolution Plan giving benefit 
of refund of 50% of the principal amount deposited; Real Estate.
[2025] 9 S.C.R. 
629
Amit Nehra & Anr. v. Pawan Kumar Garg & Ors.
Case Arising From
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 4296 of 2025
From the Judgment and Order dated 10.01.2025 of the National 
Company Law Appellate Tribunal in CAAT(I) No. 1365 of 2023
Appearances for Parties
Advs. for the Appellants:
Aditya Wadhwa, Ms. Sonal Sarda, Ms. Noyonika Deori
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