Ajai Kumar Gupta & Anr vs Bibhuti Bhushan Biswas & Ors

IN THE MATTER OF: Ajay Kumar Gupta & Anr. ...Appellants

Versus

Bibhuti Bhushan Biswas & Ors. ...Respondents

Present: Ms. Nishtha Grover, Mr. Monish Surendran, Advocates for Applicant in IA 571 of 23 Mr. Abhijeet Sinha, Sr. Advocate, Ms. Aroshi, Ms. Monka, Advocates Mr. Ashim Vochher, Mr. Vaibhav Dabar, for Applicants in I.A. No. 881/2023 Mr. Shaurya Krishna, Mr. Amit Garg, Advocates for R-3 Mr. Shekhar Raj Sharma and Mr. Akshaya Jibakumar, Advocates of Intervenor. Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma, Advocates for RP. Mr. Rachit Mittal, Mr. Parish Mishra and Mr. Adarsh Srivastava, Advocates for Homebuyers.

With

Company Appeal (AT) (Insolvency) No. 65 of 2023

IN THE MATTER OF: Anoop Sethi ...Appellants

Versus

Bibhuti Bhushan Biswas & Ors. ...Respondents

Present: Ms. Supriya Julka, Ms. Neeha Nagpal and Mr. Malak Bhatt, Advocates for Appellant. Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma, Advocates for RP. Mr. Rachit Mittal, Mr. Parish Mishra and Mr. Adarsh Srivastava, Advocates for Homebuyers.

With Company Appeal (AT) (Insolvency) No. 77 of 2023

IN THE MATTER OF: Ahmad Raza Farooqui & Ors. ...Appellants

Versus

Ansal Proprieties & Infrastructure Ltd. & Ors. ...Respondents

Present: Mr. Pawan Shree Agrawal, Mr. Atul Krishna, Advocates for Appellant. Mr. Rakesh Kumar, Ms. Preeti Kashyap, Mr. Ankit Sharma, Advocates for RP. Mr. Rachit Mittal, Mr. Parish Mishra and Mr. Adarsh Srivastava, Advocates for Homebuyers.

ORDER

(Hybrid Mode)

04.03.2024: Heard learned Counsel for the Appellant as well as the

learned Counsel for the Respondents and learned Counsel for the Resolution

Professional.

2. These appeals have been filed against the order dated 16.11.2022 passed

in Section 7 Application by which on an Application filed by 125 allottees

(Financial Creditors), the Adjudicating Authority admitted Section 7

Application. The allottees, who filed the Application, were allottees of one

Projects the 'Fernhill Project'. This Tribunal entertained the appeal and passed

following interim order dated 13.01.2023:

"O R D E R 13.01.2023: Learned counsel for the Appellant submits that the Adjudicating Authority had on an application under Section 7 by the allottees of one project Fernhill situated in Section-91, Gurgaon, Manesar, Haryana has initiated CIRP process against the Corporate Debtor. It is submitted that the Company Appeal(AT)(Insolvency) No. 41, 65 and 77 of 2023 Page 2 of 4 Corporate Debtor has several projects and the Appellants are allottees in two projects situated at Lucknow, State of Uttar Pradesh. It is submitted that the Applicant allottees being only concerned with Fernhill project CIRP ought to have been confined to Fernhill project only and projects in other States ought not to have been included. Submission needs scrutiny.

Issue notice. Requisites alongwith process fee be filed within three days. Respondents may file Reply within two weeks. Rejoinder be filed within two weeks thereafter.

List this Appeal on 28.02.2023.

We provide that the order of Adjudicating Authority admitting Section 7 application shall confine to 'Fernhill project' situated at District Gurgaon."

3. All these appeals by the allottees, who have different projects of the

Corporate Debtor and by initiation of CIRP they have been aggrieved. The

Projects of the Appellants are situated at different cities and the 'Fernhill'

project is situated at Manesar, Haryana. Learned Counsel for the Appellants as

well as the learned Counsel for the allottees, who are Applicant, are agreeable

that the CIRP should be confined only to 'Fernhill Project'. There being no

dispute between the parties that CIRP should be confined to Fernhill Project,

we modify the impugned order dated 16.11.2022 only to the extent that the

CIRP admitted against the Corporate Debtor shall confine only to one project

i.e. "The Fernhill" situated at "Revenue Estate of Village Mewka, Tehsil-

Manesar, Sector-91, District- Gurgaon, Haryana.

4. That an Application being I.A. No. 1839/23 on behalf of Director, Town

County Planning, Haryana saying that there is no license with regard to

Company Appeal(AT)(Insolvency) No. 41, 65 and 77 of 2023 Page 3 of 4 Fernhill Project. He has filed an Application to intervene in the Appeal. We,

having taken view that CIRP should be confined to Fernhill Project, the

Director, Town County Planning is at liberty to make an Application before the

Adjudicating Authority bringing on record the relevant facts pertaining to the

license, if any.

5. The Applicant, who has filed I.A. No. 571 of 2023 is also at liberty to file

an appropriate Application before the Adjudicating Authority.

In view of the above, we dispose of all the appeals with the aforesaid

directions.

[Justice Ashok Bhushan] Chairperson

[Mr. Barun Mitra] Member (Technical)

(Mr. Indevar Pandey) Member(Technical) akc/nn

Company Appeal(AT)(Insolvency) No. 41, 65 and 77 of 2023 Page 4 of 4