Q: Discuss the citation of Anil Kumar Tulsiani v. Rakesh Kumar Gupta ?

Ans: In the case of  Anil Kumar Tulsiani v. Rakesh Kumar Gupta , NCLAT observed that  allottee cannot allege default on the part of Corporate debtor if the allottee does not pay the whole amount whereas, when the Corporate debtor did not complete the work within time and the allottee has been agreeing to pay the total amount or has already paid the whole amount, the default can be alleged by the allottee. Again, the allottee can claim the default on the part of the Corporate Debtor when he finds that the project has not been completed by the Corporate Debtor on time and on the failure to refund the amount paid to the Corporate Debtor.

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