Court's Intervention Sets Precedent in Delayed Homebuyer Claims
In a pivotal hearing at NCLAT today, the appeal by Sarvottam Realcon Pvt. Ltd. challenged NCLT's rejection of a delayed claim by a homebuyer, citing Puneet Kaur vs K V Developers Pvt Ltd. The homebuyer's claim, albeit 500 days late, argued for participation in the CIRP process, emphasizing the non-extinguishment of the claim.
During the proceedings, Justice Ashok Bhushan's pointed query to the RP's advocate highlighted crucial issues: Was the claim reflected in the builder's account, and why wasn't it included in the Information Memorandum? The RP's advocate sought time to respond, leading the court to issue notices and direct a reply filing.
This development echoes the Supreme Court's stance in Ayush Agarwal v Jaypee Infratech Ltd, where post-resolution plan approval, notices were issued to RA and RP, underscoring evolving jurisprudence on delayed homebuyer claims.
This case marks a significant step in clarifying legal ambiguities surrounding such claims, raising pertinent questions on due process and the protection of homebuyers' rights.
In this matter, the petitioner was represented by Advocate, Dr. Ajay Kummar Pandey, a noted Advocate of the Supreme Court of India.
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