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NCLAT held that the Section 7 application by home-buyers against ...


Home-Buyers Win Key Insolvency Battle: Section 7 Application Upheld, Debt Claims Validated Against Corporate Debtor

May 28, 2025

Case Laws     IBC     AT

NCLAT held that the Section 7 application by home-buyers against the Corporate Debtor was maintainable and not barred by limitation. The Tribunal found sufficient evidence of debt and default, with funds received from home-buyers exceeding Rs. 1 Cr. The allegations of collusive litigation were rejected, emphasizing that inter-shareholder disputes cannot prejudice home-buyers' rights. The Tribunal dismissed all three appeals, upholding the Adjudicating Authority's order admitting the Section 7 application, recognizing home-buyers as legitimate financial creditors who have been awaiting project completion for over a decade.

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