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Dharmender Verma vs Jitender Arora & Anr

National Company Law Appellate Tribunal7 December 2022Ashok Bhushan

Ratio decidendi

The rule this decision rests on

The Adjudicating Authority's dismissal of the homebuyers' application on the ground that homebuyers cannot represent themselves directly in the CoC process and must act through the Authorized Representative was grounded in the position that the Authorized Representative, under Section 21A of the Code, is the mechanism by which financial creditors who are homebuyers participate in the CoC; that was the reasoning on which that order rested. Where the Authorized Representative has since been appointed, a homebuyer's grievance may properly be placed before the CoC by submitting it through the Authorized Representative, and the appellate tribunal may permit homebuyers to make a fresh request to the Authorized Representative in continuation of an earlier request, thereby disposing of the appeal without deciding the merits of the replacement application.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

1NATIONAL COMPANY LAW APPELLATE TRIBUNALPRINCIPAL BENCH, NEW DELHI

Company Appeal (AT) (Ins.) No. 323 of 2022 IN THE MATTER OF: Dharmender Verma ....Appellant Vs.

Jitender Arora ....Respondents Resolution Professional Premia Projects Ltd. & Anr.

Present: For Appellant: Mr. Pulkit Deora and Ms. Aphune K Kezo, Advocates For Respondents: Mr. Shikhil Suri, Ms. Komal Gupta, Ms. Mahima Aggarwal, Advocates

ORDER

07.12.2022: Heard Learned Counsel for the Appellant as well as Learned

Counsel appearing for the Respondent.

2. This appeal has been filed against the order dated 21.02.2022 by which

order Adjudicating Authority had passed following order:

"After hearing the submissions of both the parties. Perused the contents of the Application, Reply as well as the Written Submissions filed by the Respondents and in the light of the annexures filed. This bench is of the view that, in absence of the Authorized Representative, the Home buyers can not represent themselves directly for their grievances, they shall be represented through the Authorized Representative. As per Section 216 (A) of the Code; the Authorized Representative shall act on behalf of the Financial Creditors, attend the meetings of the CoC and vote on behalf of each financial creditor to the extent of his voting share. Therefore, this Application is hereby dismissed as not maintainable, with liberty to file property.

I.A. 419/2021 stands disposed of in terms of the above order.

Let a copy of the order be served to parties."

Company Appeal (AT) (Ins.) No. 323 of 2022 2

3. The appellants are Home Buyers who has filed the application before the

Adjudicating Authority praying for a direction to convene a meeting of the CoC

for replacement of the Resolution Professional.

4. It is submitted that at the said time there was no authorized

representative of the Home Buyers, hence, the order was passed where

Adjudicating Authority directed that Home Buyers could represent to

authorized representative.

5. It has been submitted before us that authorized representative has now

be chosen by order dated 01.07.2022. The authorized representative being

already now in place, the grievance of the Home Buyers can be submitted to

the AR which can be placed before the CoC for consideration.

6. Learned Counsel for the Appellant submits that a request has already

been made on 31.12.2020.

7. We permit the Home Buyers to submit a fresh request in continuation of

their earlier request dated 31.12.2020 to the AR.

8. In view of the aforesaid, we dispose of this appeal.

[Justice Ashok Bhushan] Chairperson

[Dr. Alok Srivastava] Member (Technical)

[Mr. Barun Mitra] Member (Technical) sa/nn

Company Appeal (AT) (Ins.) No. 323 of 2022

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