NATIONAL COMPANY LAW TRIBUNAL COURT NO. 1 ITEM No.201 IA/22(MP)2026 in C.P.(IB)/56(MP)2021 Order under Section 60(5) r.w Rule 11 IN THE MATTER OF:

Dilip Yadav ........Applicant V/s Devvrat Developers Pvt Ltd & Anr ........Respondent Coram:

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

Hon’ble Shri Man Mohan Gupta Member (T)

ORDER

Delivered on 07/04/2026 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)

Neeraj

THE NATIONAL COMPANY LAW TRIBUNAL IA No. 22 OF 2026 in CP(IB) 56 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:

1. Dilip Yadav S/o Swamideen Yadav

362, Patnipura Indore(M.P.) 452010 …Applicant Versus

1. Mrs. Chayya Gupta RP of JSM Devcons lndia Pvt. Ltd.

911, Apollo Premier Near Vijay Nagar Sq., Indore-452010

2. M/s. Devvrat Developers Private Limited (SRA)

101, 1st floor, DOI Bin Shir Janmbhumi Marg, Fort, Mumbai-400001 … Respondents C O R A M:

HON’BLE SH. BRAJENDRA MANI TRIPATHI, MEMBER (J)

HON’BLE SH. MAN MOHAN GUPTA, MEMBER (T)

Order Pronounced on 07.04.2026 Appearance:

For the Applicant : Mr. Chiranjeev Saboo, Adv For the Respondent/RP : Ms. Anushka Pandit, Proxy Adv Mr. Keshav Khandelwal, Adv

O R D E R

1. The present Application, filed dated 07.01.2026, under Section

60(5) of the Insolvency and Bankruptcy Code 2016 read with Rule 11 of the National Company Law Tribunal Rules 2016, by Dilip Yadav, 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) Direct the Respondent No. 1- Resolution Professional, to submit/share the Information Memorandum with the Applicants;

c) In light of the Hon'ble Supreme Court's judgment cited above, recall the order dated 05.04.2024 passed by this Hon'ble Tribunal;

d) In light of the judgment cited above, after recalling of the order dated

05.04.2024 passed by this Hon'ble Tribunal, direct the Respondent No. 1-Resolution Professional and/or the Respondent No. 2 SRA to consider and admit the claim of the applicant and deliver the possession of flat no. 405 in Premium Tower 2 in the Project - "Pinnacle 'D' Dreams".

e) Or in the alternative to prayer (iii) and (iv), in light of the judgment cited above, the Resolution Professional be directed to submit an addendum information memorandum to the Resolution Applicant and the Successful Resolution Applicant be directed to prepare an addendum to the Resolution Plan to be placed before the updated CoC.

2. The Applicant’s case in brief is:

a) The Applicant submits that he is a homebuyer in the project “Pinnacle D Dreams” situated at Pipliya Kumar, Off Ring Road, Indore, M.P., and has purchased flat no. 405 in Premium Tower 2. It is submitted that the Applicant has paid the entire consideration amount of Rs. 42,85,600, i.e., 100%

of the sale consideration, and supporting documents including allotment letter and payment receipts have been annexed as Annexure A/1 and A/2.

b) It is further submitted that the Applicant, being a resident outside Indore, was not aware of initiation of CIRP against the Corporate Debtors and therefore could not file his claim within time before the Resolution Professional. It is submitted that now the Resolution Professional is not accepting claims as the resolution plan has already been approved by the Hon’ble NCLT, leaving the Applicant remediless and constrained to approach this Hon’ble Tribunal to protect his rights and prevent loss of his hard-earned money.

c) The Applicant submits that he is a bona fide purchaser who has paid complete consideration prior to possession and therefore is entitled to be treated as