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2026 Supreme(Online)(NCLT) 2136

IN THE NATIONAL COMPANY LAW TRIBUNAL, DIVISION BENCH – I, CHENNAI


CP(IB)/185(CHE)/2022 [filed under Section 7 of the Insolvency and Bankruptcy Code, 2016]



1. Mr. Arumugam Thimmarayan S/o Shri. K. T. Thimmarayan R/o No. 60, Brigade Aspiro, Block D2, no.1 chanakiyan main road, Annamalai Avenue, Nolambur, Tiruvallur, Tamil nadu – 600095


2. Mrs. M.D. Poovarasi W/o Mr. Arumugam Thimmarayan R/o No.60, Brigade Aspiro, Block D2, No.1 Chanakiyan Main Road Annamalai Avenue, Nolambur, Tiruvallur, Tamil nadu – 600095


3. Mr. G. Senthil Kumar, S/o late S. Govindan, R/o D18-406, Purva Windermere, Bhavani Amman Koil Street, Pallikaranai, Chennai – 600100


4. Mrs. Shyamala Senthil Kumar W/o Mr. G Senthil Kumar R/o D18-406, Purva Windermere, Bhavani Amman Koil Street, Pallikaranai, Chennai – 600100


5. Mr. N.A. Paramaguru Raja Nellaiappan S/o Shri Nellaiappan Alagappan R/o 51/10, Muniyasamypuram 2nd street, Thoothukudi – 628003


6. Mr. Nithi S. Anand S/o. Shri M.C. Selvaraj R/o 4079, Oak Forest Circle Marietta, GA – 30062 USA


7. Mr. Manoj Parekh S/o. Late Sri Chhotalal R Parekh R/o Rushab Apartments, New No. 53, And Old No. 24, Ritherdon Road, First Floor, Vepery, Chennai – 600 007


8. Mrs. Sheetal M. Parekh W/o. Mr. Manoj Parekh R/o Rushab Apartments, New No. 53, And Old No. 24, Ritherdon Road, First Floor, Vepery, Chennai – 600 007


9. Mr. Sreenivasulu Lekkala S/o Shri Venkata Krishnaiah Lekkala R/o 1166, Sunnyvale Saratago RD APT 35 Sunnyvale CA, USA 94087


10. Mr. Bobby Doddi S/o. Shri B. Chandrasegaran R/o 4692, Bishop Lake RD Marietta, GA 30062


11 Mr. Suresh Nagarajan S/o Shri S. Nagarajan R/o New No. 23, Old 31/2 South Gangai Amman Koil First Street Choolaimedu, Chennai – 600 094


12. Mrs. Jagadamma Sobhana Prasanna Kumar D/o Shri Madha Van Pillai R/o # 406, 18609 SE Newport Way Issaquah, Washington 98027, USA


13. Mr. Vijayan Chandran S/o Shri Chandran Kanagaraj R/o 39/E5, Sudha Colony, Kaatoor, Metupalayam, Coimbatore – 641 305


14. Mrs. Shradha Paresh Tolia D/o. Shri Paresh Nandalal Tolia R/o 7 K Grand Cayon Apartments East Venkatsamy Road, RS Puram, Coimbatore – 641 002


15. Mr. P. Balaji S/o Shri Pandurangan R.V.R/o 2B-A3, Block, Olympia Grande, 328, GST Road, Pallavaram, Chennai – 600 043


16. Mr. N.R. Vijayasekaran S/o Shri A.R.P.N. Rajamanickam]R/o No. 41, Vanivilas Road, Basa Vanagudi, Bangalore – 560 004


17. Mr. Biswajit Deka S/o. Late Bhubaneswar Deka R/o H No. 4, Lane 1, Bishnu Path, Rukminigaon, Guwahati – 781022


18. Mrs. V. Rajani W/o. Shri N.R. Vijayasekaran R/o No. 41, Vanivilas Road, Basavanagudi, Bangaolre – 560 004


19. Mr. G. Raja Gopal S/o Shri Gengama Naidu R/o No. 76, T.S. Krishna Nagar, Anna Nagar (W) – 600 037


20. Mr. Gopal Krishna S/o Shri A.K. Prasad R/o K- 901, Metrozone, Chennai – 600 040


... Petitioners / Financial Creditors Vs.


1. M/s. Ozone Projects Private Limited Through its Directors(s)(CIN: U70101TN2005PTC056894) Having its Registered Office at New No. 63, G.N. Chetty Road, T. Nagar, Chennai – 600 017, Tamil Nadu.



For Petitioners : Raj Kumar Jhabakh, Advocate


For Respondent : S.R Rajagopal, Senior Advocate


Chandramouli Prabhakar, Advocate



Along with IA(IBC)/1866(CHE)/2025 IN CP(IB)/185(CHE)/2022 [filed under Section 60(5) of the Insolvency and Bankruptcy Code, 2016 R/w Rule 11 & 49 of NCLT Rules, 2016]



1. M/s. Ozone Projects Private Limited A Company incorporated under the provisions of the Companies Act 1956 (CIN: U70101TN2005PTC056894) Having its Registered Office at New No. 63, G.N. Chetty Road, T. Nagar, Chennai – 600 017, Tamil Nadu. Represented by its Managing Director Mr. S. Vasudevan . . . Applicant Vs.


1. Mr. Arumugam Thimmarayan S/o Shri. K. T. Thimmarayan R/o No. 60, Brigade Aspiro, Block D2, no.1 chanakiyan main road, Annamalai Avenue, Nolambur, Tiruvallur, Tamil nadu – 600095


2. Mrs. M.D. Poovarasi W/o Mr. Arumugam Thimmarayan R/o No.60, Brigade Aspiro, Block D2, No.1 Chanakiyan Main Road Annamalai Avenue, Nolambur, Tiruvallur, Tamil nadu – 600095


3. Mr. N.A. Paramaguru Raja Nellaiappan S/o Shri Nellaiappan Alagappan R/o 51/10, Muniyasamypuram 2nd street, Thoothukudi – 628003


4. Mr. N.R. Vijayasekaran S/o Shri A.R.P.N. Rajamanickam]R/o No. 41, Vanivilas Road, Basa Vanagudi, Bangalore – 560 004


5. Mrs. Shyamala Senthil Kumar W/o Mr. G Senthil Kumar R/o D18-406, Purva Windermere, Bhavani Amman Koil Street, Pallikaranai, Chennai – 600100


6. Mr. Manoj Parekh S/o. Late Sri Chhotalal R Parekh R/o Rushab Apartments, New No. 53, And Old No. 24, Ritherdon Road, First Floor, Vepery, Chennai – 600 007


7. Mrs. Sheetal M. Parekh W/o. Mr. Manoj Parekh R/o Rushab Apartments, New No. 53, And Old No. 24, Ritherdon Road, First Floor, Vepery, Chennai – 600 007


8. Mr. Sreenivasulu Lekkala S/o Shri Venkata Krishnaiah Lekkala R/o 1166, Sunnyvale Saratago RD APT 35 Sunnyvale CA, USA 94087


9. Mr. Bobby Doddi S/o. Shri B. Chandrasegaran R/o 4692, Bishop Lake RD Marietta, GA 30062


10 Mr. Suresh Nagarajan S/o Shri S. Nagarajan R/o New No. 23, Old 31/2 South Gangai Amman Koil First Street Choolaimedu, Chennai – 600 094


11. Mr. Nithi S. Anand S/o. Shri M.C. Selvaraj R/o 4079, Oak Forest Circle Marietta, GA – 30062 USA


12. Mrs. Jagadamma Sobhana Prasanna Kumar D/o Shri Madha Van Pillai R/o # 406, 18609 SE Newport Way Issaquah, Washington 98027, USA


13. Mr. Vijayan Chandran S/o Shri Chandran Kanagaraj R/o 39/E5, Sudha Colony, Kaatoor, Metupalayam, Coimbatore – 641 305


14. Mrs. Shradha Paresh Tolia D/o. Shri Paresh Nandalal Tolia R/o 7 K Grand Cayon Apartments East Venkatsamy Road, RS Puram, Coimbatore – 641 002


15. Mr. G. Senthil Kumar, S/o late S. Govindan, R/o D18-406, Purva Windermere, Bhavani Amman Koil Street, Pallikaranai, Chennai – 600100


16. Mr. Biswajit Deka S/o. Late Bhubaneswar Deka R/o H No. 4, Lane 1, Bishnu Path, Rukminigaon, Guwahati – 781022


17. Mrs. V. Rajani W/o. Shri N.R. Vijayasekaran R/o No. 41, Vanivilas Road, Basavanagudi, Bangaolre – 560 004


18. Mr. G. Raja Gopal S/o Shri Gengama Naidu R/o No. 76, T.S. Krishna Nagar, Anna Nagar (W) – 600 037


19. Mr. Gopal Krishna S/o Shri A.K. Prasad R/o K- 901, Metrozone, Chennai – 600 040


20. Mr. P. Balaji S/o Shri Pandurangan R.V.R/o 2B-A3, Block, Olympia Grande, 328, GST Road, Pallavaram, Chennai – 600 043


. . . Respondents



Present:


For Applicant : S.R Rajagopal, Senior Advocate


Chandramouli Prabhakar, Advocate


For Respondents : Raj Kumar Jhabakh, Advocate



CORAM:


SANJIV JAIN, MEMBER (JUDICIAL)


VENKATARAMAN SUBRAMANIAM, MEMBER (TECHNICAL)


Order Pronounced on 15th April, 2026


Sd/- Sd/-



VENKATARAMAN SUBRAMANIAM


MEMBER (TECHNICAL)


SANJIV JAIN


MEMBER (JUDICIAL)

Advocates:
For the Petitioner:CHETNA BISHT
For the Respondent:Vikram veerasamy. B

ORDER (Heard through Hybrid Mode)

1. This petition under Section 7 of IBC has been filed by the Petitioners /Home Buyers against the Corporate Debtor Ozone Projects Private Limited for initiating Corporate Insolvency Resolution Process (CIRP).

2. Part – I of the petition sets out the details of the Petitioners (20 Nos) /Home Buyers. Part – II of the petition sets out the details of the Corporate Debtor Ozone Projects Private Limited. It was incorporated on 13.07.2005 with paid up capital of Rs. 143,57,70,000/-. Its registered office is situated at New No. 63, G.N. Chetty Road, T. Nagar, Chennai, Tamil Nadu within the jurisdiction of this Tribunal. In Part – III of the petition, the Petitioners have proposed the name of Mr. Amarpal having registration No. IBBI/IPA-01/IP/P01584/2018-2019/12411 as Interim Resolution Professional. In Part – IV of the petition, the Petitioners have given the particulars of the financial debt being Rs.21,71,30,421/- summarized as below:

The date of default is stated as 31.10.2019. This petition has been filed on 04.08.2022. In Part –V of the petition, the Petitioners have placed the copy of refund orders passed by TNRERA as Annexure A5 collectively, copy of sample agreements as Annexure A3, copy of letters / emails / supplementary agreement promising refund of money along with interest as Annexure A4 collectively, copy of cumulative receipts / bank statements issued by the Corporate Debtor to the Petitioners against the payments received along with default computation sheet as Annexure A6 collectively, consolidated computation sheet of default as Annexure A7, record of financial information filed with NeSL by the Petitioners as Annexure A8 and consent form given by the proposed IRP as Annexure A9.

3. As per the averments made, the Corporate Debtor is engaged in the business of real estate and infrastructural development including construction and development of residential and commercial complexes. This petition relates to the project “The Metro Zone” located at Koyambedu Village, Egmore, Nungambakkam Taluk, Chennai being developed by the Corporate Debtor which is registered with TNRERA vide registration No. TN/29/Building/0095/2019.

4. It is alleged that while launching the project, the Corporate Debtor made misrepresentation to the public through advertisements and broachers to lure the buyers to make investments / purchase flats. The Petitioners and other Financial Creditors paid the amount to the Corporate Debtor during the period from 2015 to 2017 against the allotment of units based on the assurance by the Corporate Debtor that the possession of the flats would be delivered within the time specified in the agreements. It is stated that the Corporate Debtor executed separate agreements i.e. construction agreements, agreements for sale and tri-partite agreements with the Petitioners who made the payments approximately 80% to 90% of the total consideration. The total principal amount paid to the Corporate Debtor is Rs. 16,13,59,974/-. It is stated that the Corporate Debtor despite extracting huge money from the Petitioners under one sided agreements / allotment letters made no progress in the construction of the project. The towers of the project where the units were booked did not even get one stone laid till date. It was informed by the Officials of the Corporate Debtor that these towers are being scrapped and the land is being put on sale for other purpose. It is stated that the Petitioners made multiple visits to the office of the Corporate Debtor and filed the criminal complaints regarding misappropriation of money etc., upon which the Corporate Debtor accepted its default and acknowledged to pay the debts as paid by the Petitioners in a time bound manner. It is stated that the Corporate Debtor sent letters / mails / supplementary agreements to the Petitioners whereby the Corporate Debtor acknowledged the default so committed against the financial deb

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