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Supreme Court of India 2025-09-09 allowed

AMIT NEHRA & ANR vs PAWAN KUMAR GARG & ORS

Bench: 2 — Sanjay Kumar, Satish Chandra Sharma

In Brief

Homebuyers who booked and substantially paid for a residential apartment in a developer's project sought possession when the developer entered insolvency. Their claim was duly verified and admitted by the Resolution Professional and reflected in the published list of creditors. The lower courts rejected their claim for possession, treating them as belated claimants entitled only to a 50% refund. The Supreme Court allowed the appeal, holding that verified and admitted claims acquire full legal recognition in insolvency proceedings. The Court directed the developer's successor to execute the conveyance deed and hand over possession, emphasizing that homebuyers who pay substantial amounts deserve protection from unfair treatment in insolvency resolution.

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Insolvency and Bankruptcy Code Corporate Insolvency Resolution Process Homebuyer Rights Residential Real Estate Resolution Plan Financial Creditors Possession and Conveyance Consumer Protection

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