Hitesh Hasmukhlal Damania and Nikita Hitesh Damania v. Manish Lalji Dawda, Resolution Professional, Sheltrex Karjat Private Limited (NCLT Mumbai)
Positive Rays Events Private Limited filed an application seeking directions to the Resolution Professional (RP) of Sheltrex Karjat Private Limited to admit its claim as a Financial Creditor in the class of home buyers.
The Applicant had provided income-tax consulting services to the Corporate Debtor. At a Board Meeting held on 23.01.2019, the Corporate Debtor settled outstanding dues of ₹26,63,030 by offering an under-construction commercial unit as full and final settlement. An allotment letter for Commercial Unit/Shop No. 101 was issued on 31.01.2019. The parties subsequently executed a Memorandum of Understanding on 28.09.2020, followed by a registered Agreement for Sale dated 27.01.2023.
CIRP of the Corporate Debtor commenced on 01.02.2023. The Applicant submitted its claim in Form CA on 18.02.2023 for ₹26,25,000. The erstwhile Interim Resolution Professional (IRP) admitted the claim and included the Applicant in the list of creditors under the home buyer category.
After the present RP was appointed on 13.06.2023, he re-verified the claims and, on 25.12.2023, rejected the Applicant’s claim as a Financial Creditor. According to the RP, the Applicant had originally rendered professional services and therefore constituted an Operational Creditor. The RP also questioned aspects of the Board Resolution, allotment letter, payment of taxes and charges, and the validity of the transaction.
