20-May-2025 |
PENDING |
|
|
--- |
--- |
15-Apr-2025 |
RESERVED |
Order reserved.
Matter to come up on 20.05.2025 for pronouncement of
order. |
ARUN KUMAR ASHOK SANGWAN |
View Order |
15-May-2025 |
21-Jan-2025 |
PENDING |
The complainant filed an application for revival of the present
complaint on 30.12.2024 and to implead M/s Sarv Realtors Pvt. Ltd.
The application for
restoration along with application for impleadment of M/s Sarv Realtors Pvt.
Ltd. is allowed in view of the order of the authority dated 29.11.2019 as per which the project is to be transferred to M/s Sarv Realtors
Pvt. Ltd.
One more opportunity is
being given to M/s Sarv Realtors Pvt. Ltd to file the reply within 3 weeks
after supplying a copy to the counsel for the respondent. Registry is directed to issue notice to M/s
Sarv Realtors Pvt. Ltd.
Matter to come up on
15.04.2025 for further proceedings.
|
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN |
View Order |
31-Jan-2025 |
02-Sep-2024 |
SINE DIE |
The
Hon’ble NCLT vide its orders dated 25.3.2022 in case No.IB-204(ND)2021 case
title as Union Bank of India Versus M/s Supertech Limited has declared
moratorium in terms of section 14 of the Code and Shri Hitech Goel, was
appointed as Interim Resolution Professional.
In Appeal bearing No. Comp.
app(AT)(Inst) No.406 of 2022 and IA No4574,4712 of 2022,
634,2763,3330,3331,4316,3619,4306,4973 of 2023 and 2981 of 2024, the Hon’ble
NCLAT in the matter of Ram Kishor Arora Suspended Director of
Supertech Limited Versus Union of India and Another, vide orders dated 8.7.2024
has clarified that in view of the express order dated 12.9.2022, where following
had been directed :-
“The CIRP order has not been
stayed. The Moratorium is continuing. Hence no clarification is required.
Applications
are disposed off accordingly,.
In view of the above, as the complaint relates to a project of M/s
Supertech Limited, the present complaint is adjourned sine die. File be consigned to the registry. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN |
View Order |
07-Oct-2024 |
12-Aug-2024 |
PENDING |
Due to administrative exigency, the matter is adjourned to 02.09.2024 for the purpose as already fixed. |
ASHOK SANGWAN VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
02-Sep-2024 |
08-Jul-2024 |
PENDING |
Matter is adjourned to 12.08.2024. |
ASHOK SANGWAN VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
09-Aug-2024 |
01-Jul-2024 |
PENDING |
Due to administrative exigency,
the matter is adjourned to 08.07.2024 for the purpose as already fixed. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
--- |
--- |
27-May-2024 |
PENDING |
Due to administrative exigency, the matter is adjourned to 01.07.2024 for the purpose as already fixed. |
ARUN KUMAR VIJAY KUMAR GOYAL ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
05-Jun-2024 |
19-Apr-2024 |
PENDING |
Since the IRP -
respondent No.1 who stepped the shoes of
Promoters as per orders of the Hon’ble NCLT, did not timely complied with the directions of the Authority dated
12.01.2024 which was to be complied within 15 days, the Authority hereby imposes a penalty of Rs. One Lakh as per provision of
section 63 of the Act, 2016.
Shri Hitesh Goel - IRP present in
person stated that no separate books of account of each project were being
maintained uptil 25 March 2022 i.e.
the date when the moratorium was imposed. Further stated that even now no separate
books of account is being maintained for each project , only MIS is
being prepared and hence they have not
filed QPRs. IRP further stated that he
has taken the charge of company Supertech
Ltd. on as is where is basis and
since no separate balance sheets of each project used to be prepared, hence,
he could not do the compliances of the directions which were pending for
compliance prior to his appointment as IRP
of the company and further since June, 2022 he has tried to maintain separate
bank account of each project of the company. Further stated that since the
registration of most of Gurugram projects
have already been elapsed and renewal of the same/extension of the same is
still pending. Although they had moved an application No.1172 of 2022 dated 06.02.2023 for
extension which was rejected by the authority on 14.11.2023 on account of
non-compliances of various deficiencies pointed out by the Authority and
non-payment of fee for extension payable to RERA, as per copy of the acknowledgement being filed today in the registry of the
authority. Further stated that assets and liabilities of M/s Sarv Realtors and
M/s DSC Estate Developers
after imposition of moratorium have not been transferred to the management
of those companies as he is unable to do
so the same as moratorium is going on
the whole company of Supertech Ltd. and there is no direction w.r.t the same
from Hon’ble NCLT. Further stated that
they have enclosed with the affidavit Annexure-J from page 82 to 89
which is details of transfer entries dated 31.03.2020 passed on to M/s Sarv
Realtors and M/s DSC Estate Developers.
IRP further stated that there was an interim order from Hon’ble NCLAT Delhi
after submissions of resolution proposal by the ex-promoters of the company
i.e. Supertech Ltd. which is still pending for decision and next date of
hearing is 03.05.2024 and once that proposal gets through/approved by NCLT only then further process of revalidation of
licence and renewal of RERA registration shall be taken up.
Shri Mohit Arora director of M/s Sarv Realtors and M/s DSC Estate
Developers is present in person and filed authorization letter and copy
of DIN and counsel of M/s Sarv Realtos Ltd. and M/s DSC Estate Developers have
filed Power of Attorney. Mr.Mohit Arora
agreed and stated that they had taken over
M/s Sarv Realtors and M/s DSC
Estate Developers from M/s Supertech Limited and now they are
running the projects and bank accounts
of these are being managed by them.
The counsels for the complainant (s) states that since the IRP has not
filed the QPR and has not updated the status of the project, they are unable to know the factual position
of the project. Further stated
that since the IRP entered into the
shoes of promoter in June, 2022 and
had been assigned the power of supervision of each and every project of
Supertech Ltd. and he must do the compliances.
The counsels for the complainants further stated that IRP as well as management of M/s Sarv Realtors
and M/s DSC Estate Developers
are not disclosing the exact status of the projects Hues and Azalia.
Further stated that as per affidavit filed by IRP, if the projects Hues and
Azalia already stands transferred to M/s Sarv Realtors and M/s DSC Estate
Developers on 31.03.2020 then why M/s Sarv Realtors and M/s DSC Estate
Developers are not doing compliances, The Authority must direct them to
do the same in the interest of the allottees.
The counsel for M/s Sarv Realtors and M/s DSC Estate
Developers and Mr.Mohit Arora
states at bar that they have received all the assets and liabilities of the
project “Hues and Azalia” in March 2020.
Shri Rohit Arora - the counsel on behalf of M/s Sarv Realtors and
M/s DSC Estate Developers further brought attention of the
authority towards para No.5 page 79 of the order of the authority dated
29.11.2019 which is reproduced as under:-
(v) All the
assets and liabilities including customer receipts and project loans of
whatsoever nature, in the Project “Supertech Hues and Azalia” in the name of
Supertech Ltd be shifted to Sarv Realtors Pvt Ltd/DSC and others. However, even after
the rectification, Supertech Ltd.
will continue to remain jointly responsible for the units marketed and sold
by it and shall be severally responsible if Sarv Realtors Pvt. Ltd/DSC and
others fail to discharge its obligations towards the allottees.
IRP of the company stated that the director of M/s Sarv Realtors and
M/s DSC Estate Developers will file the exact status of the project as they have already committed
during the proceedings that they have taken over the project on 31.03.2020 from
M/s Supertech Ltd. The Authority hereby
directs the authorized director of M/s Sarv Realtors and M/s DSC Estates
to clarify the exact status of QPRs and updated status of registration of the project Hues and
Azalia in the shape of affidavit and that they shall apply
for registration /extension of these projects within next 20 days . In case they have not filed the reply to the
complaint cases, in which they are impleaded,
they will have to file the reply within 15 days.
Part arguments heard.
Matter be put up before the full bench on 27.05.2024 at 3.00 PM for
further arguments. |
SANJEEV KUMAR ARORA |
View Order |
25-Apr-2024 |
05-Mar-2024 |
PENDING |
The complainant
has moved an application bearing MA no. 55/2024 dated 24.01.2024 for early hearing
of the present matter stating that the complainant is under immense pressure
from the banks because of pending EMIs under subvention scheme and he is
seeking refund of the deposited amount.
On the last date of hearing i.e., 12.01.2024,
it is observed by the authority that in view
of orders of Hon’ble Supreme Court of India, NCLAT and affidavit submitted by
IRP on 27.09.2023 in matters listed on 06.10.2023, it is clear that the CIR
Process is continuing against the entire Corporate Debtor company, as a result
of which the Moratorium imposed upon the entire Corporate Debtor company is
also continuing and the continuation of any proceedings whatsoever, against the
Corporate Debtor in any form is prohibited as per provisions of IBC Act, 2016.
In view of the same, the matter was adjourned.
The complainant has
also moved an application dated 28.07.2023 seeking impleadment of Sarv Realtors
Pvt. Ltd. as respondent in view of order dated 29.11.2019 in suo-moto matter
bearing no. 5802/2019.
In view of the
above, the application is allowed and the registry is directed to issue notice
to M/s Sarv Realtors Pvt. Ltd. to file
reply reply within a period of three
weeks and also to appear before the authority on the next date of
hearing.
Matter to be heard
on the date when the similar matters of M/s Supertech Limited are
listed and IRP for M/s Supertech Limited and Directors of
M/s Sarv Realtors Pvt.Ltd. have been
called to clarify the facts w.r.t. moratorium.
Matter to come up
on 19.4.2024 for further proceedings. |
ARUN KUMAR VIJAY KUMAR GOYAL SANJEEV KUMAR ARORA |
View Order |
29-Mar-2024 |
12-Jan-2024 |
PENDING |
In view of orders of Hon’ble Supreme Court of India, NCLAT and
affidavit submitted by IRP ON 27.09.2023 in matters listed on 06.10.2023, it is
clear that the CIR Process is continuing against the entire Corporate Debtor
company, as a result of which the Moratorium imposed upon the entire Corporate
Debtor company is also continuing and the continuation of any proceedings
whatsoever, against the Corporate Debtor in any form is prohibited as per
provisions of IBC Act, 2016.
In view of the same, the matters
are adjourned to 19.04.2024 for further proceedings. |
SANJEEV KUMAR ARORA |
View Order |
23-Jan-2024 |
06-Oct-2023 |
PENDING |
The counsel for the
respondent and the IRP present in person as per directions of the authority
state that they have already filed the affidavit as well as status of
construction of various projects, as per
the directions of authority vide
its order dated 25.08.2023. The
affidavit was filed on 27.09.2023 and
the construction status report was filed on 03.10.2023. The copy of the same
has been handed over to all the concerned parties still if counsel of any
concerned party has not received the same, the counsel for the respondent is
hereby ready to hand over the copy of
the same to the concerned complainant or his counsel.
IRP present in person stated that moratorium is
applicable on all the projects of Supertech Ltd. and the same had been granted
by Hon’ble NCLT New Delhi on its order dated 25.03.2022. Further stated that an
appeal was filed against this order by the Suspending Directors before Hon’ble
NCLAT in appeal No.406 of 2022 which is still pending before the Hon’ble
NCLAT. However an interim order was
passed in that appeal stating that CoC
was restricted to ECO village-II and all other projects of Supertech Ltd. were
to be constructed under the supervision of IRP alongwith the assistance of
ex-management employees and workmen vide its order dated 10.06.2022. Further on
12.09.2022 the Hon’ble NCLAT Delhi further passed an order “CIRP order has not
been stayed, the moratorium is continuing”.
Further, stated that the orders dated 10.06.2022 of NCLAT
was challenged before Hon’ble SC which was heard by the Hon’ble SC and an interim order was
issued upholding the orders dated 10.06.2022 of NCLAT. This interim order was
passed by the Hon’ble SC on 11.05.2023 and it was further listed for hearing on
24.08.2023 but on that date due to any reason, the matter could not be taken up
and the next date of hearing is still not notified. Further stated that the NCLAT is continuously
hearing the appeal and the next date of hearing is 19.10.2023. Further stated that Hon’ble NCLAT vide its
order dated 5.07.2023 categorically stated after taking into consideration the
orders of Hon’ble SC that “In view of the fact that it is IRP who is
under control of the entire CIRP in all projects, it is necessary that the status report which
is submitted in the Court should be put on the website of the Supertech so that
it can be assessed by everyone”.
Further the counsel
for the complainant in CR No.1730 of 2023
and CR No.2144/2021, 424/2022 and
some other complaints states that project Azalia and Hues are not covered in
the list of the projects in which moratorium is continuing, hence those should be taken up separately. Further
IRP present in person states that he has
already admitted the claims of various allottees from the projects Azalia and
Hues as treating them as contingent
liability of the corporate debtor i.e. Supertech Ltd.
The counsel for the complainants states that
they are not aware about the claims being asked for by the IRP of Supertech in
case of the projects of Azalia and Hues.
The counsel for the respondent and IRP present in person states that the claim of projects
Azalia and Hues were admitted by him after the order dated 14.10.2022 of
Hon’ble NCLAT. IRP present in person further states that they are still
accepting the claims of allottees of Azalia and Hues for the purpose of
verification. The authority hereby directs IRP to submit a copy of the claims
admitted by him within a period of 15 days and the same may be uploaded on the website of the authority also.
Complainants are
free to file the response to the affidavit filed by IRP within 15 days.
IRP to be present
before the authority and co-operate as and when required just to safeguard
interest of the allottees and subject to final directions of the Hon’ble NCLAT
and Hon’ble SC.
Arguments heard.
Since the matter is
sub-judice before the NCLAT and Hon’ble SC it is being adjourned to 12.01.2024 for
further proceedings. |
SANJEEV KUMAR ARORA |
View Order |
16-Oct-2023 |
26-Sep-2023 |
PENDING |
The complainant has moved an application for revival of the above-said
matter on 28.07.2023 wherein it is stated that the authority has adjourned sine
die the present complaint vide order dated 03.03.2023 passed by authority till
the further decisions of the Supreme Court. That the Hon’ble Supreme Court
under Civil appeal no. 1925 of 2023 vide order dated 11.05.2023 had noted that
it is in the best interest of the other projects if the same are kept as
‘on-going’ and thereby ordered the constitution of CoC only for the real estate
project ‘Eco Village II’. The relevant para 10 is reproduced below for ready
reference:
In the light of the principles
aforesaid, in our view, as at present, we should adopt the course which appears
to carry lower risk of injustice, even if ultimately in the appeals, this Court
may find otherwise or choose any other course. In that regard, the element of
balance of convenience shall have its own significance. On one hand is the
position that the Appellate Tribunal has adopted a particular course (which it
had adopted in another matter too) while observing that the project-wise
resolution may be started as a test to find out the success of such
resolution. The result of the directions of the impugned order dated
10.06.2022 is that except Eco Village-II project, all other projects of the
corporate debtor are to be kept as ongoing projects and the construction of all
other projects is to be continued under the supervision of the IRP with the
exmanagement, its employees and workmen. Infusion of funds by the promoter
in different projects is to be treated as interim finance, regarding which
total account is to be maintained by IRP. If at the present stage, on the
submissions of the appellants, CoC is ordered to be constituted for the
corporate debtor as a whole in displacement of the directions of the Appellate
Tribunal, it is likely to affect those ongoing projects and thereby cause
immense hardship to the home buyers while throwing every project into a state
of uncertainty. On the other hand, as indicated before us, the other projects
are being continued by the IRP and efforts are being made for infusion of funds
with the active assistance of the ex-management but without creating any
additional right in the ex-management. In our view, greater inconvenience is
likely to be caused by passing any interim order of constitution of CoC in
relation to the corporate debtor as a whole; and may cause irreparable injury
to the home buyers. In this view of the matter, we are not inclined to alter
the directions in the order impugned as regards the projects other than Eco
Village-II.
Further, the complainant submitted
that the project “HUES”, where the subject unit of the complainant lies does
not fall within the ambit of insolvency proceedings of Supertech Limited as the
developing rights of the project “HUES” had been transferred from Supertech
Limited to Sarv Realtors Pvt. Ltd. vide order dated 29.11.2019 of this Ld.
Authority in suo-moto complaint no. CR/5802/2019..
In view of the above order passed by
this authority and order dated 11.05.2023 of the Hon’ble Supreme Court, it is
prayed by the complainant herein that the present matter be revived.
Part arguments heard.
The IRP is directed to clarify and
submit an affidavit as to which projects are under moratorium as per directions
of Hon’ble Supreme Court of India and other Courts before the next date of
hearing. Further, IRP should submit a copy of updated status of the
construction of various projects (the status which they must have uploaded on
the website) under their supervision. After that the authority will take a view
about further proceedings regarding the various complaints filed in the
authority.
Matter
to come up on 6.10.2023 for further proceedings. Registry is
directed to issue a notice to the respondent
for filing reply of the application dated 28.7.2023 filed by the complainant before the due date
of hearing. |
ASHOK SANGWAN SANJEEV KUMAR ARORA |
View Order |
04-Oct-2023 |
10-Feb-2023 |
SINE DIE |
The brief background of the case is
as under:
1. The Union Bank of India had preferred a Company
Petition CP(IB) bearing NO. 204/(ND) 2021 before NCLT under Section 7 of
Insolvency and Bankruptcy Code 2016 against M/s Supertech Ltd. for non-payment
of outstanding debt. The NCLT was pleased to admit the insolvency petition by
its order dated 25.03.2022. Vide this order the NCLT inter alia initiated CIRP
against the corporate debtor, and appointed, Hitesh Goel as the Interim
Resolution Professional for the corporate debtor and declared moratorium as per
Section 14 of the IBC.
2. Mr. R.K. Arora, the suspended director of the
corporate debtor filed an appeal bearing company appeal (AT) (Ins) no. 406 of
2022 on 07.04.2022 before NCLAT against the order dated 25.03.2022. The appeal
was subsequently heard on multiple dates and NCLAT had continued the stay on
constitution of the CoC till 10.06.2022. The NCLAT vide order dated 10.06.2022
modified the CoC stay order to the extent that the IRP may constitute the CoC
only in relation to the project Eco-Village – II of the corporate debtor.
3. An application dated 26.07.2022 from Mr. Hitesh Goel IRP
was received stating therein that though all the projects of the corporate
debtor apart from ECO village - II would be kept as ongoing project, but the
construction of the other projects would continue with overall supervision of
IRP with the assistance of ex-management, its employees, and workmen. So, the
imposition of moratorium under section 14 of IBC would continue and proceedings
of all the cases listed before the authority be adjourned sine die.
4. Vide order dated 12.09.2022, the NCLAT has
clarified that “the CIRP order has not been stayed. The Moratorium is
continuing” and also vide order dated 14.10.2022, NCLAT made it clear that
verification of the claim has to be with regard to all projects and is not only
confined to Eco-village -II.
The counsel for the respondent has produced a copy of order dated
31.01.2023 passed by NCLAT, Principal Bench, New Delhi passed in Company Appeal
(AT) (Ins.) No.406 of 2022 and I.A. No.2246, 2646 and 2663 of 2022 in case
titled as Ram Kishor Arora Suspended Director of Supertech Ltd. vs. Union of
India and another which is re-produced as under:-
Learned
counsel for the parties have placed before us the order passed by the Hon’ble
Supreme Court dated 27.01.2023 which is to the following effect:-
“taking note
of the submissions sought to be made in these matters, we are clearly of the view that as at
present, the offers said to have been made by the prospective resolution
applicants may be evaluated and may be placed for consideration before the
NCLAT but beyond that process, we would request the NCLAT to keep the
proceedings in abeyance and await further order of this Court.
List these
maters on 16.02.2023”.
In view of the aforesaid order of the Hon’ble
Supreme Court, the appeal is adjourned to await further orders of Hon’ble
Supreme Court.
As per proceedings dated 12.08.2022 opinion of A. G. Haryana was sought, who has
clearly opined vide his letter dated 28.11.2022
to adjourn sine die the matter.
The IRP is directed to submit the status of case
pending before the NCLAT within a week to this authority.
In view of the above directions passed in order dated
31.01.2023, the matter is adjourned sine
die. File be consigned to the registry. |
SANJEEV KUMAR ARORA |
View Order |
03-Mar-2023 |
30-Sep-2022 |
PENDING |
Vide orders dated
25.03.2022, NCLT New Delhi initiated CIRP against the respondent i.e., M/s
Supertech Limited and appointed Mr. Hitesh Goel as IRP for the corporate debtor
and declared moratorium as per section 14 of IBC. It led to filing an appeal in
NCLAT against that order by Mr. R.K. Arora, one of the suspended Director. That
order was stayed by NCLAT and constitution of CoC was stayed and observed that
IRP may constituted the CoC only in relation to project ECO village-Il of the
corporate debtor and that appeal is pending for 12.08.2022.
Further an application dated 26.07.2022 from Mr. Hitesh Goel IRP
has been received stating therein that though all the projects of the corporate
debtor apart from ECO village - II would be kept as ongoing project, but the
construction of the other projects would continue with overall supervision of
IRP with the assistance of ex-management, its employees and workmen. So, the
imposition of moratorium under section 14 of IBC would continue and proceedings
of all the cases listed before the authority be adjourned sine die. But plea
raised in this regard is devoid of merit. While passing order dated 25.03.2022
though NCLT initiated CIRP against the corporate debtor, but that order was
stayed and modified vide orders dated 26.07.2022 by NCLAT by observing that the
construction of all other projects shall continue with over all supervision of
IRP with the assistance of its ex-management, its employees and workmen. Though
clarification w.r.t this order is pending for 28.09.2022 before NCLAT but IRP
would be treated as a promoter for all intents and purposes except for ECO
village-Il against whom CIRP has been initiated and is pending.
The authority has already requested to the Additional AG Haryana
to examine whether as per reading of order dated 25.03.2022 and order
dated 10.06.2022, moratorium in terms of Section 14 of the IBC is declared only
against ECO village-Il project or in respect of all other projects of the
corporate debtor i.e., M/s Supertech Limited. The requisite advice is still
awaited. The counsel for the respondent had produced a copy of order passed by
Hon’ble NCDRC wherein various complaints were listed and NCDRC after perusal of
the order passed by NCLAT has deferred the matter for awaiting clarification
from NCLAT regarding applicability of moratorium on project of M/s Supertech
other than ECO village – 2. The counsel has further submitted that IRP has also
moved an application before NCLAT for clarification and the case is fixed for
28.09.2022.
The counsel for the respondent has produced a copy of orders
dated 26.08.2022 in case titled as EA/141/2021 and other bunch matters were
heard in NCDRC vide which the NCDRC has deferred the matter till 13.12.2022
keeping in view the NCLAT orders dated 25.03.2022.
Now
vide order dated 12.09.2022, the NCLAT has clarified that “the CIRP order
has not been stayed. The Moratorium is continuing.
The complainant has moved an application
stating therein that letters from M/s Supertech in Hues project has been received and demanded
the amount otherwise they threaten to cancel the unit and forfeit the amount
which he has already paid since 2014. He
has also placed a copy of email dated 22.09.2022 sent by M/s Supertech
to clear the outstanding dues by 05.10.2022 on failure they shall be
compelled to cancel the unit. The counsel for the complainant has requested
that M/s Supertech cannot demand the outstanding amount in case the moratorium
is continuing and IRP has been appointed.
It is directed that IRP shall be
present on the next date of hearing to explain the detailed status of the
moratorium imposed upon M/s Supertech Ltd. and to explain whether M/s Supertech
Ltd. can demand the outstanding amount in case
moratorium is continuing on whole of the company. Further the authority
shall also explore for engaging the services of an expert in NCLT matters to
protect the rights and interest of allottees.
Matter to come up on 10.02.2023 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
27-Oct-2022 |
31-Aug-2022 |
PENDING |
Vide orders dated
25.03.2022, NCLT New Delhi initiated CIRP against the respondent i.e., M/s
Supertech Limited and appointed Mr. Hitesh Goel as IRP for the corporate debtor
and declared moratorium as per section 14 of IBC. It
led to filing an appeal in
NCLAT against that order by Mr. R.K. Arora, one of the
suspended Director. That
order was stayed by NCLAT and constitution of CoC
was stayed and observed
that IRP may constituted the CoC only in relation to project ECO village-Il of
the corporate debtor and that appeal is pending for 12.08.2022.
Further an application
dated 26.07.2022 from Mr. Hitesh Goel IRP has been received stating therein
that though all the projects of the corporate debtor apart from ECO village -
II would be kept as ongoing project, but the construction of the other projects
would continue with overall supervision of IRP with the assistance of
ex-management, its employees and workmen. So, the imposition of moratorium
under section 14 of IBC would continue and proceedings of all the cases listed
before the authority be adjourned sine die.
But plea raised in this
regard is devoid of merit. While passing order dated 25.03.2022 though NCLT
initiated CIRP against the corporate debtor, but that order was stayed and
modified vide orders dated 26.07.2022 by NCLAT by observing that the construction
of all other projects shall continue with over all supervision of IRP with the
assistance of its ex-management, its employees and workmen. Though
clarification w.r.t this order is pending for 29.08.2022 before NCLAT but IRP
would be treated as a promoter for all intents and purposes except for ECO
village-Il against whom CIRP has been initiated and is pending.
The authority has already requested to the Additional AG
Haryana to examine whether as per reading of order dated 25.03.2022 and order
dated 10.06.2022, moratorium in terms of Section 14 of the IBC is declared only
against ECO village-Il project or in respect of all other projects of the
corporate debtor i.e., M/s Supertech Limited. The requisite advice is still
awaited. The counsel for the respondent had produced a copy of order passed by
Hon’ble NCDRC wherein various complaints were listed and NCDRC after perusal of
the order passed by NCLAT has deferred the matter for awaiting clarification
from NCLAT regarding applicability of moratorium on project of M/s Supertech
other than ECO village – 2. The counsel has further submitted that IRP has also
moved an application before NCLAT for clarification and the case is fixed for 12.09.2022.
The counsel for the
respondent has produced a copy of orders dated 26.08.2022 in case titled as
EA/141/2021 filed in NCDRC vide which the NCDRC has deferred the matter till 13.12.2022
keeping in view the NCLAT orders dated 25.03.2022.
Matter to come up on 30.09.2022
for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
26-Sep-2022 |
23-Aug-2022 |
PENDING |
Vide orders dated
25.03.2022, NCLT New Delhi initiated CIRP against the respondent i.e., M/s
Supertech Limited and appointed Mr. Hitesh Goel as IRP for the corporate debtor
and declared moratorium as per section 14 of IBC. It
led to filing an appeal in NCLAT
against that order by Mr. R.K. Arora, one of the
suspended Director. That
order was stayed by NCLAT and constitution of CoC
was stayed and observed
that IRP may constituted the CoC only in relation to project ECO village-Il of
the corporate debtor and that appeal is pending for 12.08.2022.
Further an application
dated 26.07.2022 from Mr. Hitesh Goel IRP has been received stating therein
that though all the projects of the corporate debtor apart from ECO village -
II would be kept as ongoing project, but the construction of the other projects
would continue with overall supervision of IRP with the assistance of
ex-management, its employees and workmen. So, the imposition of moratorium
under section 14 of IBC would continue and proceedings of all the cases listed
before the authority be adjourned sine die.
But plea raised in this
regard is devoid of merit. While passing order dated 25.03.2022 though NCLT
initiated CIRP against the corporate debtor, but that order was stayed and
modified vide orders dated 26.07.2022 by NCLAT by observing that the
construction of all other projects shall continue with over all supervision of
IRP with the assistance of its ex-management, its employees and workmen. Though
clarification w.r.t this order is pending for 29.08.2022 before NCLAT but IRP
would be treated as a promoter for all intents and purposes except for ECO
village-Il against whom CIRP has been initiated and is pending.
The authority has already requested to the Additional AG
Haryana to examine whether as per reading of order dated 25.03.2022 and order
dated 10.06.2022, moratorium in terms of Section 14 of the IBC is declared only
against ECO village-Il project or in respect of all other projects of the
corporate debtor i.e., M/s Supertech Limited. The requisite advice is still
awaited. Meanwhile, the authority may fix up matter for the date subsequent to
the date fixed in this matter before NCLAT on 29.08.2022.
Matter to come up on 31.08.2022 for further proceedings. |
K K KHANDELWAL VIJAY KUMAR GOYAL |
View Order |
15-Sep-2022 |
28-Jan-2022 |
PENDING |
In view of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.File be transferred to the Authority. Reader is directed to send the file immediately. |
RAJINDER KUMAR |
--- |
--- |
08-Dec-2021 |
PENDING |
MATTER IS ADJOURNED TO 28.01.2022. |
RAJINDER KUMAR |
--- |
--- |
09-Nov-2021 |
PENDING |
Adjudicating Officer
is on leave, matter is adjourned to 08.12.2021. |
RAJINDER KUMAR |
View Order |
09-Nov-2021 |
03-Aug-2021 |
PENDING |
Copy of written reply supplied to the complainant.
2.
Counsel for the respondent requests for adjournment stating he is not
feeling well today. Not opposed.
3. To
come on 09.11.2021 for arguments. |
RAJINDER KUMAR |
View Order |
06-Aug-2021 |
20-Apr-2021 |
PENDING |
Due to increase in the Covid-19 cases in and
around the area of the Authority, the case is not being taken up for hearing.
Hence, as per directions of the Hon’ble Authority, it is being adjourned to
03.08.2021 for the proceedings already fixed.
2. Both the parties be informed accordingly
through e-mail. |
SUBHASH CHAND GOYAL |
View Order |
22-Apr-2021 |
05-Mar-2021 |
PENDING |
In pursuance
to notice, both the parties put in appearance through their respective counsel.
2. Copy of written reply supplied to
the claimant through the counsel. Let it be filed before the Registry within 15
days and the matter be put up on 20.04.2021 for arguments. |
SUBHASH CHAND GOYAL |
--- |
--- |
09-Feb-2021 |
PENDING |
In pursuance to
notice, the respondent put in appearance through its counsel.
2. None is present on behalf of the
complainant. A notice in this regard was sent to them through e-mail but none
has turned up. In order to avoid any ambiguity. Let fresh notice for the
presence of complainant as well as his counsel through e-mail be issued for
05.03.2021. |
SUBHASH CHAND GOYAL |
View Order |
18-Feb-2021 |
21-Oct-2020 |
PENDING |
THE MATTER IS ADJOURNED TO 09.02.2021 |
SUBHASH CHAND GOYAL |
--- |
--- |
31-Aug-2020 |
PENDING |
DUE TO PREVAILING COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 21.10.2020 |
SUBHASH CHAND GOYAL |
View Order |
31-Aug-2020 |
01-Jul-2020 |
PENDING |
THE CASE IS ADJOURNED TO 31.08.2020 |
SUBHASH CHAND GOYAL |
--- |
--- |
15-Apr-2020 |
PENDING |
THE CASE IS ADJOURNED TO 01.07.2020 |
SUBHASH CHAND GOYAL |
--- |
--- |
26-Feb-2020 |
PENDING |
THE CASE IS ADJOURNED TO 15.04.2020 |
SUBHASH CHAND GOYAL |
View Order |
28-Feb-2020 |
08-Jan-2020 |
FIRST HEARING |
THE CASE IS ADJOURNED TO 26.02.2020 |
SUBHASH CHANDER KUSH SAMIR KUMAR |
View Order |
10-Jan-2020 |