NATIONAL COMPANY LAW TRIBUNAL
Brajendra Mani Tripathi, J, Man Mohan Gupta, T
Khushbu Fonseca & Anr – Appellant
Versus
Chaya Gupta & Anr – Respondent
| Table of Content |
|---|
| 1. homebuyer claims filed after cirp approval are extinguished. (Para 1) |
| 2. late application disrupts approved process; diligence required. (Para 3 , 4) |
O R D E R
1. The present Application, filed dated 16.01.2026, under Section 60 (5) of the Insolvency and Bankruptcy Code 2016 read with Rule 11 of the National Company Law Tribunal Rules 2016, by Khushbu Fonseca and Drishti Fonseca, Homebuyer (the Applicants') against Ms. Chaya Gupta (the 'Respondent No 1) Resolution Professional (RP) of M/s JSM Devcons Private Limited (the Corporate Debtor) and M/s Devvrat Developers Private Limited (‘Successful Resolution Applicant') for seeking directions as given below.
a) Allow the present application;
b) To direct the Respondent no.1 (Resolution Professional) to submit/share the information memorandum with the applicants.
c) To recall the order dt. 05.04.2022 passed by this Hon'ble Tribunal in CP (IB)/56 (MP)/ 2021, in light of the judgments as cited above.
d) To direct the Respondent no.1 (Resolution Professional) and/or Respondent no.2 (SRA) to consider and admit the claim of the applicants and deliver the possession of 2 residential units (Flat no. 1303, tower no. 8, area 1948 sq
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