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2026 Supreme(Online)(NCLT) 917

NATIONAL COMPANY LAW TRIBUNAL
Mridula Jain – Appellant
Versus
Devvrat Developers Private Limited – Respondent
IA(I.B.C) - 297/2025



Advocates:
For the Petitioner:B.M.MAHESHWARI
For the Respondent:Mitali Bhatt

NATIONAL COMPANY LAW TRIBUNAL COURT NO. 1 ITEM No.205 IA/297(MP)2025 C.P.(IB)/56(MP)2021 Order under Section 60(5) r.w Rule 11 IN THE MATTER OF:

Mridula Jain ........Applicant V/s Devvrat Developers Pvt Ltd ........Respondent Coram:

Hon’ble Shri Brajendra Mani Tripathi, Member (J)

Hon’ble Shri Man Mohan Gupta Member (T)

PRONOUNCEMENT OF ORDER Delivered on 17/02/2026 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: 17.0.2026 IN THE NATIONAL COMPANY LAW TRIBUNAL INDORE BENCH IA No. 297 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:

Smt. Mridula Jain, W/o Shri Rajendra Jain Address: Swastik Industries, Gurudwara Road, Burhanpur - 450331 ........Applicant V/s Devvrat Developers Pvt. Ltd.

Successful Resolution Applicant Address: 101, 1st Floor, Dol Bin Shir, Janmabhoomi Marg, Fort, Mumbai, Maharashtra - 400001 ........Respondent Order pronounced on: 17.02.2026 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)

Date of Order: 17.0.2026 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 04.07.2025, under Section 60(5) of the Insolvency and Bankruptcy Code 2016 read with Rule 11 of the National Company Law Tribunal Rules 2016, by Mridula Jain (the ‘Applicant’), against M/s Devvrat Developers Private Limited (theSuccessful Resolution Applicant/Respondent), for seeking directions as given below:

a) To allow the present Application, b) To take note of the Applicant's ownership of flat and direct the SRA, its officials and personnel, to give and allow the possession and peaceful enjoyment of the Flat No.508, in PT 8, in the Residential Complex known as Pinnacle "D" Dream. And if for any reason the possession of the said Flat is not allowed to be handed over, then in alternate the said amount be ordered to be refunded by the SRA with compound interest of 18% per annum to the Applicant.

c) 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 Date of Order: 17.0.2026 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.

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 steps and issue necessary directions to the concerned Police Officers to assist the SRA in acquiring the peaceful possession of the assets by evicting those individuals who are illegally and unauthorized occupying the subject immovable property of the CD.

3. The Applicants case in brief is:

a) The Applicant submits that, in the year 2010, she booked and purchased Flat No. 508 in Premium Tower No. 8 for a total consideration of Rs. 37,56,750/-, paid through banking channels, which payment was duly acknowledged by the CD vide cash receipt.

(Copy of Receipts issued by the CD and Bank Statement regarding Date of Order: 17.0.2026 payment are annexed under ANNEXURE A1 & A2 of the Application.)

b) The Applicant submits that, despite full payment having been made

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