BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

PRINCIPAL BENCH AT NEW DELHI

I.A. NO. __________ OF 2024

IN
COMPANY PETITION (IB) NO. 204(ND)/2021
IN THE MATTER OF:

(Under Section 7 of Insolvency & Bankruptcy Code, 2016 And Rule 4 Of The
Insolvency And Bankruptcy (Application to Adjudicating Authority), Rules,
2016.

IN THE MATTER OF:

G.S. VERMA AND ORS …..APPLICANT

VERSUS

SUPERTECH LIMITED …..RESPONDENT

AND IN THE MATTER OF:

UNION BANK OF INDIA ….FINANCIAL CREDITOR

VERSUS

SUPERTECH LIMITED .…CORPORATE DEBTOR

INDEX

S.NO PARTICULARS PAGE NO.

1. Memo of Parties 1
2. Application on behalf of applicant, namely G.S
Verma, under section 7 of the Insolvency &
Bankruptcy code, 2016 and Rule 4 of the
Insolvency and Bankruptcy (Application to
Adjudicating Authority), Rules, 2016.

3. Annexure- A-1
A copy of the order dated 28.08.2019 passed by
Hon’ble NCLT.

4. Annexure-A-2
A copy of Public Notification dated 25-08-2019
issued by Rabindra Kumar Mintri (Resolution
Professional) inviting financial creditors for claims
 in the matter of Today Homes Noida Pvt. Ltd.
5. Annexure-A-3
A copy of the Allotment Letter dated 28.08.2010
issued to the Applicant by Corporate Debtor.

6. Annexure -A-4
A copy of the bank statement of the Applicant
containing the details of the payments.
7. Annexure -A-5
A copy of payment receipts issued by Corporate
Debtor to the Applicant.

7. Annexure-A-6
A copy of the email dated 28.07.2022 along with
Form-CA sent on behalf of Applicant to the RP.

8. 8. Annexure-A-7
A copy of the email dated 04.08.2022 sent on
behalf of Resolution Professional to the applicant
rejecting the claim.

9. Annexure–A-8
Copy of power of attorney executed by applicant
Manish Kumar Gupta in favor of his real brother
Ashish Kumar Gupta who will execute all the
necessary documents of this case on his behalf.

9 9. V Vakalatnama
10. Proof of service
11. Affidavit

Applicant

Through
 Amit Singh & Akanksha Srivastava
Counsel for Applicants
Office at- D-6, LGF, Sector 61
Noida, NCR-201301 (U.P.)
Phone No: 9871812151
Email: [email protected]

Place: New Delhi

Date:
 BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

PRINCIPAL BENCH AT NEW DELHI

I.A. NO. __________ OF 2023

IN
COMPANY PETITION (IB) NO. 204(ND)/2021
IN THE MATTER OF:

Under Section 7 of Insolvency & Bankruptcy Code, 2016 And Rule 4 Of The
Insolvency And Bankruptcy (Application to Adjudicating Authority), Rules,
2016.

IN THE MATTER OF:

G.S. VERMA AND ORS …..APPLICANT

VERSUS

SUPERTECH LIMITED …..RESPONDENT

AND IN THE MATTER OF:

UNION BANK OF INDIA ….FINANCIAL CREDITOR

VERSUS

SUPERTECH LIMITED .…CORPORATE DEBTOR

MEMO OF PARTIES

G.S. VERMA AND ORS

S/o Mr. Jaganath Prasad Verma
F-1301, Amrapali Silicon City,
Sector 76, Noida, 201301
Uttar Pradesh …Applicant

VERSUS

Supertech Limited
Registered Office At:
1114, Hemkunt Chambers,
11th Floor, 89, Nehru Place,
New Delhi – 110019 …Respondent
Through
 Amit Singh & Akanksha Srivastava

Counsel for Applicant

Office at- D-6, LGF, Sector 61
Noida, NCR-201301 (U.P.)
Phone No: 9871812151
Email: [email protected]

Place: New Delhi

Date:
 BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL
PRINCIPAL BENCH AT NEW DELHI
I.A. NO. __________ OF 2024
IN
COMPANY PETITION (IB) NO. 204/(ND)/2021
IN THE MATTER OF:

Under Section 7 of Insolvency & Bankruptcy Code, 2016 And Rule 4 Of The
Insolvency And Bankruptcy (Application to Adjudicating Authority), Rules,
2016.

IN THE MATTER OF:

G.S. VERMA AND ORS …PETITIONER

VERSUS

Supertech Limited …CORPORATE DEBTOR

AND IN THE MATTER OF:

Union Bank Of India …..APPLICANT

VERSUS

Supertech Limited ….RESPONDENT

APPLICATION ON BEHALF OF APPLICANT/FINANCIAL CREDITOR,

G.S.Verma and Ors, UNDER SECTION 7 OF the INSOLVENCY &
BANKRUPTCY CODE, 2016 and Rule 4 of the INSOLVENCY & BANKRUPTCY
(Application to Adjudicating Authority), Rules, 2016. FOR DIRECTION TO
RESOLUTION PROFESSIONAL FOR INCLUSION OF CLAIM OF THE
APPLICANT IN THE RESOLUTION PLAN

MOST RESPECTFULLY SHOWETH:

1. That the captioned case was filed by the financial creditor, union bank of

India against the supertech limited. Seeking corporate insolvency

 resolution process, owing to the default in making repayment of the

loan EMI’s.

2. That the captioned company petition was filed by the aggrieved party

Company Petition bearing (IB) No. 204/(ND)/2021 under Section 7 of

Insolvency and Bankruptcy Code, 2016 (herein referred to as “Code”)

read along with Rule 4 of Insolvency and Bankruptcy Rules, 2016 jointly

by the Financial Creditors who are also “Homebuyers” (for brevity

‘Applicants’) and was with a prayer to trigger Corporate Insolvency

Resolution Process in respect of M/s Supertech limited.

3. That there is a breach of contract or non-compliance with agreed upon

terms agreed during the purchase of property.

4. That section 14, 18, and 19 under RERA protect the interests of

homebuyers and promote transperancy and accountability in real estate

sector.

5. That the Applicant herein has approached this Hon’ble Tribunal by

preferring the present Application under Section 7 of the Insolvency and

Bankruptcy code ,2016 and Rule 4 of the Insolvency and Bankruptcy

(Appliction to Adjudicating Authority), Rules, 2016 praying for directions

to the RP for inclusion of the claim of the Applicant in the list of Financial

Creditor and in the Resolution Plan.

BRIEF FACTS OF THE CASE ARE AS UNDER:-

6. Based on the representation and promises made by the Corporate

Debtor (Supertech Limited), the applicant booked a Residential Unit no

 Flat 1503 in Tower/ Block ALBARIA/F5 at the project Eco village-1 of

Supertech limited situated at plot- 08,, sector-1.

7. That in pursuance thereof, a booking form was filled up by the Applicant

and the payment schedule for the unit (apartment) was provided by the

promoters of CD to the Applicant.

A copy of the Allotment Letter dated 28.08.2010 issued to the Applicant

is marked and annexed hereto as ANNEXURE A-3.

8. The Applicant made initial payment of Rupees 10,59,375/- out of his

hard earned savings and then availed loan facility from IDBI Bank and

accordingly the home loan of Rupees 20,00,000/- was disbursed against

the booked flat. That the CD received money from the Applicant on

various occasions via Cheque.

9. That the Details of payments received by the CD from the Applicant are

as follows: -

A. 10.09.2010 Cheque No. 001506 for Rs.20,00,000.00/- IDBI Bank

Limited Noida

B.

TOTAL Rs. 30,59,375.00/-

A copy of the bank statement/ receipts issued by the CD, containing the

details of the payments received, is marked and annexed hereto as

ANNEXURE A-4.
10.That for the aforesaid amount, the acknowledgement receipts were

issued to the Applicant by the CD. Copy of receipts issued by CD is

marked and annexed hereto as ANNEXURE A-5.

11. That As per the terms and conditions of allotment letter the

Builder/Promoter was at obligation to hand over the flat within the

period of 30 months with a further grace period of 120 days but the

Builder/Promoter failed to hand over the flat within the agreed

stipulated time.

12. That the applicant sent various emails, communications to the

Builder/Promoter regarding the delivery of possession of flat but always

fake response and promises for the next date of delivery of possession

of flat was given.

13. That the Applicant waited for several years for delivery of possession of

flat but the possession of flat could not be handed over because of delay

on part of Promoter/Builder. Even after receiving the payments the

Promoter could not complete the project on time and therefore the

Applicant suffer serious losses monetarily and otherwise.

14. That in 2022 Applicant got to know about the insolvency procedure has

been initiated against the builder and CIRP has been appointed by NCLT

Delhi. Applicant also came to know that the notification for submission

of claims were issued much before but being a bonafide homebuyer the

applicant tried his level best to attempt the legal recourse and

accordingly, the Applicant after collating all the information and

documents under Form-CA before the RP vide email dated 28.07.2022.

 A copy of the email dated 28.07.2022 along with Form-CA sent on behalf

of Applicant to the RP is marked and annexed hereto as ANNEXURE A-6.

15. That After few days on 04-08-2022, the applicant received an email

from CIRP that the claim filed by applicant has been rejected by the Mr.

Rabindra Kumar Mintri, Resolution Professional under CIRP as the claim

of applicant was time–barred. The contents of the email received from

RP are as under :-

‘I have received your claim Form –CA, as a financial creditor in a class for

the project Today Homes Ridge Residency of Today Homes Noida Private

Limited vide speed post on 01.08.2022. As per regulations, 2016 and the

powers vested in me vide the Insolvency and Bankruptcy Code, 2016, I

regrettably inform you that your claim time-barred.’

A copy of the email dated 04.08.2022 sent on behalf of RP to the

applicant is marked and annexed hereto as ANNEXURE A-7.

16. That the applicant is presently posted in Karnataka, South India and due

his nature of job found himself unable to pursue the matter on regular

basis before authorities and CIRP/RP, therefore executed a power of

attorney in favor of his brother Mr Ashish Kumar Gupta to undertake all

the necessary actions and sign the required documents on behalf of the

Applicant and pursue the matter, hence could not immediately pursue

the matter before the Hon’able NCLT Court seeking proper relief which

resulted in slight delay in filing application. A copy of power of attorney

dated 01.02.2023 executed is marked and annexed with ANNEXURE NO-

8.
17. That the Applicant herein is a genuine bonafide Homebuyer who had

invested his hard earned money in the project in a dream home but also

borrowed Home Loan of Rupees 20,00,000/- for purchasing the said

house in Today Homes Noida Private Limited project.

18. That due to the inadequate publicity regarding the initiation of CIRP in

the matter of Today Homes Noida Pvt. Ltd. the applicant was not aware

about the public notification, hence could file his claim before RP on

time.

19. That the Insolvency and Bankruptcy Board of India (Insolvency

Resolution Process for Corporate Persons) Regulations, 2016 vide

Regulation 12(2) has provided that the creditor can submit the proof of

claim even after the stipulated date mentioned in the public

announcement.

20. That the Hon’able NCLT court has in its prior orders shown leniency in

matters of condoning the delay in filing of claims. In the order dated

13.06.2019 passed by Ld. NCLT New Delhi, Principal Bench in (IB)-

1083(PB)/2018 (Edelweiss Asset Reconstruction Co. Ltd. V/s Adel

Landmarks Ltd.) whereby the Ld. Adjudicating Authority had held the

provisions of Section 12(2) of IBC is directory and not mandatory.

21. That it is pertinent to mention that when the claim was submitted

before the RP, no successful Resolution Plan had been passed by the

Committee of Creditors of the CD, and as such, the Applicant was well

within his rights to file a claim before the RP.

22. That it is further submitted that in accordance with Section 18 of the

Code, it is the duty of the concerned IRP to receive, collate and verify

the claims raised by a Creditor against the CD.

23. That hence, the kind intervention of this Hon’able court is solicited to

protect the rights and interests of the homebuyer as the Applicant

invested his hard-earned money only for the creation of his family’s

dream house.

24. It is humbly prayed that the prayer sought in the instant application

ought to be allowed by this Hon’ble Tribunal in the interest of law,

equity and justice.

PRAYER

In view of the aforesaid facts and submissions, it is most humbly prayed

that this Hon’ble Tribunal may be pleased to pass the following orders: -

a) Pass appropriate direction/order(s) under Section 60(5) of the Code

read with Rule 11 of the NCLT Rules to the Resolution Professional to

include the claim of the Applicant in the list of Financial Creditors of

the CD;

b) Subsequent to the verification of the claim of the Applicant, pass

appropriate direction/order(s) under Section 60(5) of the Code read

with Rule 11 of the NCLT Rules for inclusion of the claim of the

Applicant in the Resolution Plan; and/or

 c) Pass appropriate direction/order(s) to condone the delay caused in

filing of claim as financial creditor and to direct the RP to consider the

claim filed by the applicant.

d) Pass any other appropriate direction/order(s) as this Hon’ble Tribunal

may deem fit.

Applicant

Through

Amit Singh & Akanksha Srivastava

Counsel for Applicant
Office at- D-6, LGF, Sector 61
Noida, NCR-201301 (U.P.)
Phone No: 9871812151
Email: [email protected]

Place: New Delhi

Date:
 BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

PRINCIPAL BENCH AT NEW DELHI

I.A. NO. __________ OF 2023

IN
COMPANY PETITION (IB) NO. 923(PB)/2018
IN THE MATTER OF:

(Under Section 60(5)of Insolvency &Bankruptcy Code, 2016 read with

Rule11of National Company Law Tribunal Rules, 2016)

IN THE MATTER OF:

MANISH KUMAR GUPTA …..APPLICANT

VERSUS

TODAY HOMES NOIDA PVT. LTD. .…..RESPONDENT

AND IN THE MATTER OF:

MR SUNIL HANDA AND ORS ….FINANCIAL CREDITOR

VERSUS

TODAY HOMES NOIDA PVT. LTD. .…CORPORATE DEBTOR

PROOF OF SERVICE
 BEFORE THE HON’BLE NATIONAL COMPANY LAW TRIBUNAL

PRINCIPAL BENCH AT NEW DELHI

I.A. NO. __________ OF 2023

IN
COMPANY PETITION (IB) NO. 923(PB)/2018
IN THE MATTER OF:-
MANISH KUMAR GUPTA …..APPLICANT
VERSUS
TODAY HOMES NOIDA PVT. LTD. .…..RESPONDENT
AND IN THE MATTER OF:
MR SUNIL HANDA AND ORS ….FINANCIAL CREDITOR
VERSUS
TODAY HOMES NOIDA PVT. LTD. .…CORPORATE DEBTOR
AFFIDAVIT

I, Ashish kumar Gupta, aged about 43 yrs, S/o Shambhu Sharan Gupta,
Address 1/1022, Ratan Khand, Sharda Nagar Yojna, Lucknow , do hereby
solemnly affirm and state as under:-

1. That, I am the brother and power of attorney holder of the Applicant

in the above mentioned Application and fully conversant with the
facts and circumstances of the case hence competent to swear this
affidavit.

2. That, I have read over the contents of the accompanying Application

(page 5-11 and Para no. 4-15), I state that the contents of the same
are true and correct to the best of my knowledge and belief.

3. That the Annexures annexed with the application/IA are true copies
of their respective originals.

DEPONENT

Verification
Verified at Lucknow___ day of March, 2023. I, the above named
deponent do hereby verify that the contents of the above affidavit
are true and correct, no part of it is false and nothing material has
been concealed there from.

DEPONENT