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how to recover balance money from builder who is in NCLT now


09-Dec-2025 (In Recovery Law)
I won case against builder (company) & Owner of land in thane district consumer court. After filing EA builder paid half money of order. but now went in NCLT. I have filed my claim form with RP. and able to send bailable warrant to owner of land as he is jointly / severally liable for payment. My filing of claim form with RP, will it create problem to recover money from owner of land
Answers (2)

Answer #1
843 votes
The Moratorium declared by the NCLT under Section 14 of the IBC protects the assets and legal proceedings only against the Corporate Debtor (the builder company). It does not extend to co-guarantors or co-debtors, such as the jointly and severally liable land owner.
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Advocate Pankaj Bajaj

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Answer #2
633 votes
Filing your claim with the Resolution Professional under NCLT does not stop you from proceeding against the land owner. The builder company may be under CIRP, but the land owner is jointly and severally liable as per your consumer court order. The IBC moratorium applies only to the builder company, not to the land owner in his personal capacity. Your claim with the RP is only to secure your rights if any amount is distributed under the CIRP. It will not create any legal problem in continuing recovery, execution, or warrants against the land owner. You can proceed simultaneously against him until the entire decretal amount is recovered.
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Advocate Pankaj Bajaj

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LawRatoMumbai | 1000+ Answers
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