| Party Dtls | Self / Adv Name | District | Current Status | Next Date of Hearing | Complaint Dispatched | Complaint Dispatched On | Dispatched Tracking Id | Complaint Dispatched Remarks | First-Hearing/Scrutinized Remarks | View Notice |
|---|---|---|---|---|---|---|---|---|---|---|
| LAXMAN SINGH AND ARVIND KUMAR TANWAR V/S SUPERTECH LTD. |
HARSHIT BATRA | GURUGRAM | SINE DIE | NA | Not Yet | FIRST HEARING | -- |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 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 | 28-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. Itled 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 |
| 09-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-II of the corporate debtor and that appeal is pending for 12.08.2022. Now 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 on-going 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 12.08.2022 before NCLAT but IRP would be treated as a promoter for all intents and purposes except for ECO village-II against whom CIRP has been initiated and is pending. The authority hereby directs the Additional AG Haryana to examine whether 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-II project or in respect of all other projects of the corporate debtor i.e. M/s Supertech Limited. Meanwhile, the authority may fix up matter the date subsequent to the date fixed in this matter pending before NCLAT on 12.08.2022. Matter to come up on 31.08.2022 for further proceedings. | K K KHANDELWAL VIJAY KUMAR GOYAL | View Order | 09-Sep-2022 |
| 08-Feb-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 | --- | --- |
| 19-Jan-2022 | PENDING | Counsel for complainant requests to transfer this matter to the Authority 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 Apex Court. Allowed. Parties are directed to appear before the Authority on 08.02.2022 for further proceedings. File be sent to the Authority, before said date. | RAJINDER KUMAR | View Order | 25-Jan-2022 |
| 10-Dec-2021 | PENDING | THE MATTER IS ADJOURNED TO 19.01.2022 | RAJINDER KUMAR | View Order | 27-Dec-2021 |
| 29-Oct-2021 | PENDING | Due to shortage of time, arguments could not be heard. To come on 10.12.2021 for arguments. | RAJINDER KUMAR | View Order | 02-Nov-2021 |
| 02-Sep-2021 | PENDING | Although the matter was fixed for final arguments today. It is pointed out by learned counsel for respondent that notice under section 13(2) of Surfaci Act has been received. As per learned counsel for respondent under such circumstances proceedings in this complaint are liable to be stayed. All this is refuted by the learned counsel for complainant. According to him, despite said fact, there is no bar in deciding this matter. 2. Learned counsel for respondent seeks time for arguments on this matter. Allowed. . To come on 29.10.2021 for arguments. | RAJINDER KUMAR | View Order | 07-Sep-2021 |
| 24-May-2021 | PENDING | Due to increase in the Covid-19 cases in and around the area of the Authority and lockdown in the State, the case is not being taken up for hearing. Hence, as per directions of the Hon’ble Authority, it is being adjourned to 02.09.2021 for the proceedings already fixed. 2. Both the parties be informed accordingly through e-mail. | SUBHASH CHAND GOYAL | View Order | 01-Jun-2021 |
| 02-Mar-2021 | PENDING | Written reply on behalf of the respondent no. 1 is not ready. A date is requested and which is granted. Let it be filed 2 weeks prior to the date fixed with an advance copy to the other side and the matter be put up on 24.05.2021 for arguments. | SUBHASH CHAND GOYAL | View Order | 10-Mar-2021 |
| 21-Oct-2020 | PENDING | THE MATTER IS ADJOURNED TO 02.03.2021 | SUBHASH CHAND GOYAL | --- | --- |
| 31-Aug-2020 | PENDING | DUE TO PREVAILING COVID-19 PANDEMIC, THE MATTER IS ADJOURNED TO 21.10.2020 | SUBHASH CHAND GOYAL | --- | --- |
| 01-Jul-2020 | PENDING | DUE TO PANDEMIC FEAR, THE MATTER IS ADJOURNED TO 31.08.2020 | SUBHASH CHAND GOYAL | View Order | 25-Aug-2020 |
| 15-Apr-2020 | PENDING | Due to Lock down, the matter is adjourned to 01.07.2020 | SUBHASH CHAND GOYAL | View Order | 25-Aug-2020 |
| 26-Feb-2020 | FIRST HEARING | A complaint for refund of the amount deposited with the respondent alongwith interest and other charges filed. 2.Both the respondents put in appearance and who file memo of appearance and POA. 3.Reply if any be filedby 01.04.2020 with an advance copy to the complainant and the matter be put up for arguments for 15.04.2020. | SUBHASH CHAND GOYAL | View Order | 03-Mar-2020 |
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