NATIONAL COMPANY LAW TRIBUNAL
Mrs Anjali Tarte W/o Sunil Tarte – Appellant
Versus
Chaya Gupta Erstwhile Resolution Professional of JSM Devcon Pvt Ltd – Respondent
IA(I.B.C) - 636/2025
NATIONAL COMPANY LAW TRIBUNAL COURT NO. 1 ITEM No.213 IA/636(MP)2025 C.P.(IB)/56(MP)2021 Order under Section 60(5) r.w Rule 11 IN THE MATTER OF:
Mrs Anjali Tarte W/o Sunil Tarte ........Applicant V/s Chaya Gupta Erstwhile RP of JSM Devcon Pvt Ltd & Ors ........Respondent Coram:
Hon’ble Shri Brajendra Mani Tripathi, Member (J)
Hon’ble Shri Man Mohan Gupta Member (T)
PRONOUNCEMENT OF ORDER Delivered on 30/01/2026 The case is fixed for pronouncement of the order. The order is pronounced in open Court vide separate sheet.
Sd/- Sd/-
MAN MOHAN GUPTA BRAJENDRA MANI TRIPATHI MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Tomar
Date of Order: 30.01.2026 IN THE NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH IA No. 636 of 2025 in CP (IB) No. 56 (MP) of 2021 (An Application filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the National Company Law Tribunal Rules, 2016.)
IN THE MATTER OF:
Mrs Anjali Tarte, W/o Sunil Tarte Address: 308, Lokmanya Nagar, Indore ........Applicant V/s
1. Monitoring Committee of JSM Devcon Pvt. Ltd., Address: 306, Orbit Mall, Scheme No. 54, Α.Β Road, Indore (M.P.)
........Respondent No 1
2. Ms. Chaya Gupta Est. Resolution Professional of JSM Devcon Pvt. Ltd.
Address: 911, Apollo Premier, Near Vijay Nagar Square, MP - 452010 ........Respondent No 2
3. Devvrat Developers Pvt. Ltd.
Successful Resolution Applicant Address: 101, 1st Floor, Dol Bin Shir, Janmabhoomi Marg, Fort, Mumbai, Maharashtra - 400001 ........Respondent No 3 Date of Order: 30.01.2026 Order pronounced on: 30.01.2026 IN THE MAIN MATTER OF:
Motel Rahans Pvt. Ltd. …Financial Creditor VS JSM Devcon Pvt. Ltd. …Corporate Debtor Coram:
Mr. Brajendra Mani Tripathi, Hon’ble Member (J)
Mr. Man Mohan Gupta, Hon’ble Member (T)
Appearance:
For the Applicant : Mr. Madhav Lahoti, Adv For the Respondent : Mr. Keshav Khandelwal, Adv.
O R D E R
1. The present Application, filed dated 12.12.2025, under Section 60(5) of the Insolvency and Bankruptcy Code 2016 read with Rule 11 of the National Company Law Tribunal Rules 2016, by Mrs Anjali Tarte (the ‘Applicant’), against Monitoring Committee of JSM Devcon Pvt. Ltd. (the ‘Respondent No 1’), Ms. Chaya Gupta (the ‘Respondent No 2’) Resolution Professional (RP) of M/s JSM Devcons Private Limited (the ‘Corporate Debtor’) and against M/s Devvrat Developers Private Limited (the ‘Successful Resolution Applicant’/Respondent No 3), for seeking directions as given below:
Date of Order: 30.01.2026 a) To allow the present Application, b) To direct the SRA/Respondent No. 3 to hand over the complete possession of the flats of the Applicants within a time-bound manner, c) To direct the SRA/Respondent No. 3 to accept the allotment letters and balance consideration and get the flats of the Applicants registered in their names and addendum be made to the Resolution Plan and after approval by COC, the same be placed before the Adjudicating Authority for approval, d) To direct the Respondent to consider the case of the Applicants being on exceptional facts and on such basis consider the case of the Applicants and propose them an amicable solution post approval of the resolution plan, e) Pass any further order(s) as this Tribunal deems fit and proper.
2. The brief facts of the matter are:
a) This Adjudicating Authority, vide order dated 17.02.2022 passed in CP (IB) No. 56 of 2021, admitted M/s JSM Devcon Private Limited (“the Corporate Debtor”) into the CIRP and appointed Mr. Sanjay Singh as the Interim Resolution Professional (IRP). Further, vide Order dated 03.11.2022 passed by this Adjudicating Authority, Mr. Sanjay Singh was replaced, and Ms. Chaya Gupta was appointed as the Resolution Professional (RP).
b) The Resolution Plan filed in IA No 254 of 2023 has also been approved vide Order dated 05.04.2024 and the approved Resolution plan comprises of 351 home buyers.
Date of Order: 30.01.2026 c) This Adjudicating Authority, vide order dated 13.06.2024 passed in IA No 303 of 2024, directs the Police Commissioner, Indore, to take due ste
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