| 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 |
|---|---|---|---|---|---|---|---|---|---|---|
| HARERA GURUGRAM V/S CHINTELS INDIA LTD AND ATS INFRASTRUCTURE LTD |
Self | GURUGRAM | PENDING | 18-Sep-2024 | Yes | 25-Jan-2024 | EH372917912IN | Show cause notice for non-registration of ongoing project under proviso of section 31 of the RERA Act 2016 | Show cause notice consequent upon non-registration of ongoing project under proviso to section 3(1) of the Real Estate (Regulation and Development) Act, 2016. |
| Notice Number | Remarks | Dispatching Date | Dispatch Id | View Notice |
|---|---|---|---|---|
| First Notice | Show cause notice for non-registration of ongoing project under proviso of section 31 of the RERA Act 2016 | 25-Jan-2024 | EH372917912IN |
| Date of Hearing | Status | Proceedings of the day | Bench | Order | Order Uploaded On |
|---|---|---|---|---|---|
| 18-Sep-2024 | PENDING | --- | --- | ||
| 07-Aug-2024 | PENDING | The authorized representatives, Mr. Rajeev Gupta and Mr. Narendra, appeared and requested adjournment, as arguing counsel is not available today. The request for adjournment, although submitted, indicates that the OC of the project has already been received. Reply already filed on July 1, 2024, in addition to replying on April 25, 2024. Proxy Counsel Mr. Aaditya Das appeared and requested adjournment as arguing counsel is held up in some family affairs as he has been blessed with a baby who is in hospital. Matter to come for further proceedings on September 18, 2024, at 11 a.m. | SANJEEV KUMAR ARORA | View Order | 22-Aug-2024 |
| 03-Jul-2024 | PENDING | Present Mr. Shubham Dayma, Advocate for Chintels India Pvt. Ltd. appeared and requested two weeks’ time to file final approval of BIP and to appear for argument on 07.08.2024 at 11A.M. Present Mr. Surender Kumar (Manager) and Ms. Harsha (Manager) appeared and filed copy of deed as directed vide proceedings dated 29.05.2024 to prove that ATS Kocoon is part of Umritha Infrastructure Development LLP which is in NCLT. Reply needs to be examined. Present Proxy Counsel Chahat Arya on behalf of Solutrean Building Technologies Pvt Ltd and filed revised affidavit that they shall apply for registration prior to selling but authority is of view that, since Building plans of commercial component are already approved, the promoters must apply for registration with in 20 days. Further it is noticed from affidavit that OC of project (Chintels Caladium) Sector 109, Gurugram was registered on 08.11.2017 which is after that date of coming into force of the Act of 2017. Hence, they are directed to apply for registration of project as it was an ongoing project as on date of implementation of RERA. They must apply for registration within 20 days and to show cause as to why penalty proceedings u/s 59 should not be initiated and why penalty for non-registration should not be imposed as OC received on 08.11.2017 was not an OC received prior to act coming in force as fire NOC was received by promoters on 10.10.2017. Matter to come for further proceedings on 07.08.2024 at 11 A.M. | SANJEEV KUMAR ARORA | View Order | 18-Jul-2024 |
| 29-May-2024 | PENDING | Advocate Rishi Gujral and Advocate Chahat Arya appeared on behalf of Solutrean Building Technologies Pvt Ltd. Proxy Advocate Harshita Tyagi appeared on behalf of Advocate Charu Sangwan of M/s Chintels India Ltd Sh. Rajeev Gupta (Senior Vice President) and Sh. Narender Kumar (Manager) appeared on behalf of ATS Infrastructure Ltd and Umritha Infrastructure Development LLP Counsel for Solutrean Building Technologies Pvt Ltd is directed to file the revised affidavit declaring that they shall obtain registration of commercial component prior to creation of third-party rights and sale of said project. AR of ATS Infrastructure Ltd states that Umritha Infrastructure Development LLP is in NCLT. Therefore, they are directed to file the copy of deed filed at the time of registration of Umritha Infrastructure Development LLP to clarify the link between both the companies. Proxy counsel for Chintel India Ltd request for adjournment of hearing. They are further directed to file the copy of final approval of BIP if any received from DTCP, Haryana against the in-principal approval of BIP which they had received on 11-04-2016. Matter to come up on 03-07-2024 at 10:30 A.M. | SANJEEV KUMAR ARORA | View Order | 31-May-2024 |
| 15-May-2024 | PENDING | Advocate Rishi Gujral and Advocate Chahat Arya on behalf of Solutrean Building Technologies Pvt Ltd. None appeared on behalf of Chintels India Ltd Ms. Harsha Vats (Manager) and Sh. Narender Kumar (Manager) appeared on behalf of ATS Infrastructure Ltd and Umritha Infrastructure Development LLP As per proceeding dated 25-04-2024, M/s Chintel India Ltd was directed to submit the copy of final approval of BIP if any received from DTCP, Haryana against the in-principal approval of BIP which they had received on 11-04-2016 but the status of the same has not been submitted till date. On the request of counsel for Solutrean Building Technologies Pvt Ltd and AR of ATS Infrastructure Ltd (Umritha Infrastructure Development LLP), matter adjourned to 29-05-2024 at 10:30 A.M. | SANJEEV KUMAR ARORA | View Order | 21-May-2024 |
| 25-Apr-2024 | PENDING | Advocate Rishi Gujral and Advocate Chahat Arya on behalf of Solutrean Building Technologies Pvt Ltd. Sh. Shubham Dayma (Advocate) on behalf of Chintels India Ltd Sh. Rajeev Gupta (Senior Vice President) and Sh. Narender Kumar (General Manager) appeared on behalf of ATS Infrastructure Ltd and Umritha Infrastructure Development LLP AR of M/s ATS Infrastructure Ltd and Umritha Infrastructure Development LLP states that there is no evidence held on record of OC of convenient shopping, which is a part of pocket B, part of license no. 13 of 2011. The license holder of the said license is M/s Chintel India Ltd, and developer of pocket B is M/s Solutrean Building Technologies Pvt Ltd. AR further states that there is a clerical error in the reply filed by /s ATS Infrastructure Ltd where the area of pocket A was mentioned as 10.768 acres instead of 12.21225 acres which is as per the clause 7 of JDA dated 16-05-2011 and the area of Solutrean Building Technologies Pvt Ltd is 3.6687 acres which is mentioned as smaller project land and the same is also known as pocket B as per the approved building plan. On the last date of hearing, counsel for Solutrean Building Technologies Pvt Ltd was directed to supply copy of the reply submitted in the authority to M/s Chintels India Ltd. counsel for M/s Chintels India Ltd states that they have received the copy of reply yesterday and seeks one week time to file the reply to the same. Request is allowed. They shall file the reply within 10 days after supplying the copy of the same to Solutrean Building Technologies Pvt Ltd. Also, counsel for M/s Chintels India Ltd is hereby finally directed to submit the copy of final approval of BIP if any received from DTCP, Haryana against the in-principal approval of BIP which they had received on 11-04-2016. Counsel for Solutrean Building Technologies Pvt Ltd states that they have not sold even a single unit of the convenient shopping of the total project land area measuring 3.668 acres and that they have not created any third-party rights so far as the commercial part of the project is concerned. They are directed to file the affidavit with regard to the same. As regards the residential units, he submits that OC was applied on 26-09-2016 and obtained on 08-11-2017. Counsel for Solutrean Building Technologies Pvt Ltd requests for a copy of reply earlier filed by M/s Chintel India Ltd in the authority. Copy to be supplied by M/s Chintel India Ltd to Counsel for Solutrean Building Technologies Pvt Ltd. Matter to come up on 15-05-2024 at 10:30 A.M. | SANJEEV KUMAR ARORA | View Order | 08-May-2024 |
| 03-Apr-2024 | PENDING | Ms. Chahat Arya (Proxy Advocate on behalf of Ms. Rishi Gujral) in Soultrean building Technologies Pvt Ltd. Sh. Shubham Dayma (Advocate) on behalf of Chintels India Ltd. None appeared on behalf of ATS Infrastructure Ltd None appeared on behalf of Umritha Infrastructure Development LLP Final opportunity of hearing is given to the promoters to explain the entire status of license no. 13 of 2011 granted by DTCP, Haryana against which a JDA was signed on 16-05-2011 between M/s Chintels India Ltd and Umritha Infrastructure Development LLP. Counsel on behalf of M/s Chintels India Ltd states that they had applied for change of BIP on 25-01-2016 and 05-02-2016 for which in-principle approval was granted by DTCP on 11-04-2016 subject to certain conditions which was to be complied within 90 days but nothing is held on record regarding the actual beneficiary of the project inspite of giving several opportunities of hearing and to explain that whether the final approval has been received or not. Further, it has came to the notice of the authority during proceedings that one more JDA was signed between M/s Chintels India Ltd and M/s Soultrean Building Technologies Pvt Ltd for area measuring 3.668 acres as stated by the proxy counsel on behalf of M/s Soultrean Building Technologies Pvt Ltd and they had submitted the reply today itself with respect to the project land under JDA. Counsel for M/s Chintels India Ltd request for a copy of reply filed by Soultrean Building Technologies Pvt Ltd. Therefore, the proxy counsel for Soultrean Building Technologies Pvt Ltd is hereby directed to supply one copy of their reply to M/s Chintels India Ltd. Matter to come up on 25-04-2024 at 10:00 A.M. | SANJEEV KUMAR ARORA | View Order | 12-Apr-2024 |
| 14-Mar-2024 | PENDING | Sh. Amresh Bind (Advocate) appeared on behalf of IRP Sh. Vikram Bajaj appointed by NCLT in Umritha Infrastructure Development LLP. Sh. Narender Kumar (Manager) appeared on behalf of ATS Infrastructure Ltd. Sh. Navraj (Proxy Advocate) appeared on behalf of Chintels India Ltd. Sh. Amresh Bind (Advocate) appeared on behalf of IRP states that Umritha Infrastructure Development LLP had executed the JDA consists of two partners i.e. one is Sh. Geetambar Anand in individual capacity and the other partner is ATS Infrastructure Ltd theough its director/designated partner/nominee Sh. Santosh Kumar. He further states that they shall be filing the copy of LLP agreement, however, the said Umritha Infrastructure Development LLP is under NCLT, and moratorium has been imposed on it. (copy of the NCLT order dated 31-01-2024 has already been filed). Further, he states that pocket A which was being developed by Umritha Infrastructure Development LLP has been completed and OC was received on 09-10-2017. However, the same was applied on 26-09-2016. He further submitted that the units have been handed over to all the allottees and conveyance deed has also been executed in most of the units and further submitted that as per the JDA, 284 units out of 444 units and 5 convenient shops belong to Umritha Infrastructure Development LLP which they have delivered to the concerned allottee. Further, attention has been brought towards clause XII of the JDA dated 16-05-2011 and the same got registered on 30-06-2011 as per which the pocket B of the said licensed project i.e. 2,70,000 sq.ft of FSI was to be developed by SBTL about which they have no knowledge. Authority observes that there were certain complaints filed against ATS Infrastructure Ltd as per which the said proceedings of suo motu non-registration were initiated. The said complaint is pending before the authority and next date of hearing 07-05-2024 and planning branch was directed to check the status of project vide proceeding dated 06-05-2023 is still pending and the planning branch of the authority is hereby again directed to submit the report in this regard within 15 days. Matter to come up on 03-04-2024 at 10:00 A.M. | SANJEEV KUMAR ARORA | View Order | 12-Apr-2024 |
| 21-Feb-2024 | FIRST HEARING | Sh. Narender Kumar (Manager) appeared on behalf of Umritha Infrastructure Development LLP c/o M/s ATS Infrastructure Ltd and Sh. Charu Sangwan (Advocate) appeared on behalf of M/s Chintels India Ltd. As per the reply submitted by Umritha Infrastructure Development LLP, it has been stated that the said project is developed in two phases i.e., Pocket A namely ATS Kocoon area measuring 10.768 acres by Umritha Infrastructure Development LLP and Pocket-B namely Chintel Caladium area measuring 5.113 acres by M/s Chintel India Ltd. Also, it has been informed that vide order of Hon’ble NCLT Delhi dated 31-01-2024, an IRP has been appointed in Umritha Infrastructure Development LLP and a moratorium has been imposed on legal proceedings in terms of section 14 of IBC, 2016. IRP of Umritha Infrastructure Development LLP is directed to appear on 14-03-2024 to clarify the status and submit list of partners of Umritha Infrastructure Development LLP and status of ATS Infrastructure Ltd if it is a partner or subsidiary. During the course of hearing, counsel for M/s Chintel India Ltd has filed the reply which includes in-principle BIP approval vide letter dated 11-04-2016 whereas the copy of occupation certificate is obtained in the name of M/s Chintel India Ltd and the copy of registered JDA dated 16-05-2011 is filed with the reply. As per the reply filed on behalf of Umritha Infrastructure Development LLP (ATS Infrastructure Ltd), they are claiming that out of the total licensed area, an area measuring 10.768 acres has been developed by Umritha Infrastructure Development LLP and occupation certificate for their part of the project was received on 09-10-2017 and the remaining part of the project was developed by M/s Chintel India Ltd as project named “Chintel Caladium”. M/s Chintel India Ltd is directed to clarify the status of the part of the project which has been developed by them. Matter to come up on 14-03-2024 at 10:00 A.M. | SANJEEV KUMAR ARORA | View Order | 22-Feb-2024 |
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