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2025 Supreme(Online)(NCLT) 6557

NATIONAL COMPANY LAW TRIBUNAL
SH. MOHAN PRASAD TIWARI, J, SH. CHARANJEET SINGH GULATI, T
Catalyst Trusteeship Limited – Appellant
Versus
Renaissance Indus Infra Private Limited – Respondent


Advocates:
For the Petitioner: Adv. Harshul Shah
For the Respondent: Adv. Kunal Kanungo

Judgement Key Points

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Table of Content
1. application by the applicant to declare as financial creditor. (Para 2 , 3 , 4 , 5)
2. discussion of the corporate debtor's project and classifications. (Para 10 , 11 , 12 , 16)
3. classification under rera and understanding of real estate. (Para 18 , 19 , 22)
4. distinction between homebuyers and commercial investors. (Para 24 , 26 , 28 , 32)
5. confirmation of classification by the tribunal. (Para 30 , 31)

ORDER

1. The present Interlocutory Application is filed Under Section 60(5) of Insolvency and Bankruptcy Code 2016 by the Applicant for admission of the Claim of Applicant under the category of 'Financial Creditor' (instead of IRP's admission of the Claim of Applicant under the category of 'other creditor') and admission of the Applicant in the Committee of Creditors of the Corporate Debtor.

2. The brief facts are that the Corporate Debtor was engaged in the development of the Renaissance Industrial Smart City Project (“Project”), a project duly approved and registered under RERA. Pursuant to a registered Agreement for Sale dated 31 March 2022 (“Agreement for Sale”) and a Memorandum of Understanding dated 13 April 2022 (“MOU”), both executed between the Corporate De

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