Amit Nehra vs Pawan Kumar Garg 2025 INSC 1086 - IBC - Home Buyers - Financial Creditors
Insolvency and Bankruptcy Code, 2016 - The publication of the list of financial creditors is an act in discharge of a statutory duty by the Resolution Professional. It cannot be reduced to a meaningless formality. (Para 33) Relegating bona fide allottees, who have paid substantial consideration years in advance, to the status of mere refund claimants runs contrary to the very object of the legislative framework- The plight of individual homebuyers, who invest their life savings in the hope of securing a roof over their heads - To deny them possession today, despite their claim having been duly verified and admitted, would inflict unfair and unwarranted prejudice (Para 37)
Case Info
Case Name and Neutral Citation
- Case Name: Amit Nehra & Anr. v. Pawan Kumar Garg & Ors.
- Neutral Citation: 2025 INSC 1086
Coram (Judges)
- Justice Sanjay Kumar
- Justice Satish Chandra Sharma
Judgment Date
- Date of Judgment: September 9, 2025
Caselaws and Citations Referred
- Puneet Kaur v. K.V. Developers Pvt. Ltd. & Ors., 2022 SCC Online NCLAT 245
- Quoted for the principle that claims of homebuyers reflected in the records of the corporate debtor should be considered in the resolution plan, even if not formally filed.
- Paramjeet Kaur & Anr. v. Puma Realtors Pvt. Ltd. & Ors., Civil Appeal No. 5892 of 2023
- Mentioned as having been dismissed by the Supreme Court on 25.03.2025.
Statutes / Laws Referred
- Insolvency and Bankruptcy Code, 2016 (IBC)
- Section 62: Appeal to Supreme Court
- Section 7: Initiation of Corporate Insolvency Resolution Process by financial creditor
Additional Information
- Tribunals Involved:
- National Company Law Tribunal (NCLT), Principal Bench, New Delhi
- National Company Law Appellate Tribunal (NCLAT), New Delhi
The publication of the list of financial creditors is an act in discharge of a statutory duty by the Resolution Professional. It cannot be reduced to a meaningless formality.#SupremeCourt #IBC https://t.co/DBZmX8PESt pic.twitter.com/4SHfHl90h6
— CiteCase 🇮🇳 (@CiteCase) September 9, 2025
#SupremeCourt notices the plight of homebuyers, who invest their life savings in the hope of securing a roof over their heads: https://t.co/DBZmX8PESt pic.twitter.com/vi99n38QyN
— CiteCase 🇮🇳 (@CiteCase) September 9, 2025
