Uttam Singhal & Ors vs M/S Anushree Home Developers Pvt. Ltd. & ...

Uttam Singhal & Ors. ...Appellant(s)

Versus

Anushree Home Developers Pvt. Ltd. & Anr. ...Respondent(s)

Present:

For Appellant(s) : Mr. Aditya Malhotra, Advocate for Appellant.

For Respondent(s) : Mr. Tarun Singla, Advocate for Respondent.

ORDER

(HYBRID MODE)

28.07.2025: Heard counsel for the Appellant and as well as counsel for

the Respondent. The appeal has been filed against the order dated 20.04.2023

by which order Section 7 application filed by the Appellant was rejected on the

ground that total no. of allottees being 653 and the application filed only by

10 allottees of 10 apartments which does not fulfil the threshold has

prescribed under Section 7 of the IBC. The present appeal was filed by 9

allottees out of which now 5 have withdrawan and only 4 Appellants are left.

Counsel for the Appellant submitted amended memo has been filed for

deleting aforesaid. The Counsel for the Respondent submitted that the

Adjudicating Authority has rightly come to the conclusion that threshold has not been completed hence Section 7 Application cannot be admitted. The law

clearly required that application can be maintained only 100 or 10 percent of

the allottees.

The application has been filed only by 10 allotees hence the threshold was

not complete Adjudicating Authority has rightly rejected the application

holding that it does not fulfil the threshold.

The Adjudicating Authority has rightly placed reliance on the judgment

passed by the Hon'ble Supreme Court in Manish Kumar Vs. Union of India

reported at (2021) 5 SCC.

We do not find any error in impugned order, appeal dismissed.

[Justice Ashok Bhushan] Chairperson

[Barun Mitra] Member (Technical)

shweta/nn