| 15-Sep-2025 |
Ms. Asha, Chartered Accountant, briefed the facts of the
case.
Shri
Resender Pathak (AR) and Ankita Rastogi (AR) are present on behalf of the
promoter.
The AR of the promoter states that in Hon'ble Delhi High Court in
W.P.(C) No.1567/2024, CM appeal 6518/2024 and others titled Suresh Kumari
Versus Registrar of Companies and Ors, has passed an order dated 25.03.2025
wherein the application filed by Greenopolis Welfare Confederation (GWC),
Respondent no. 4 in the present matter. The relevant portion of the said order is reproduced
below:
19. It is difficult to comprehend how the
HRERA orders dated 03.10.2023 and 09.10.2023 can remain legally sustainable in
light of the directions passed by the Supreme Court on 19.11.2024. Notably, the
Supreme Court has previously dismissed several petitions filed by certain
individual members of the objector/GWA, who sought to claim allottee status and
possession of flats from Orris. In CA. 4032/2023 titled as “Anju Kanwar Gulati
v. Rakesh Kumar Gupta & Ors.”, the Supreme Court dismissed the petition
vide order dated 11.03.2024. Likewise, CA No. 7704/2023, wherein the erstwhile
promoters of TCSPL claimed to be allottees of Orris, was dismissed on the same
date. Additionally, W.P. No. 240/2024, filed by another set of TCSPL creditors
seeking attachment of Orris’s unrelated assets pursuant to HRERA’s directions,
was also dismissed by the Supreme Court vide order dated 22.04.2024.
20. "ln fact, the
objector/GWA, also filed application I.A No. 54790/2025 before the Supreme
Court seeking that the Phase-1 flat be allotted to Three-C allottees. However,
the said application was eventually dismissed as withdrawn on 04.03.2025. What
is also unconscionable is that HRERA, despite being aware that the issue of
allotment to allottees of Orris is pending in this court - and even recording
the fact of the pendency of the present IA – proceeded to pass an order dated
24.02.2025, reiterating its previous order dated 07.12.2022 and 03.10.2023.
These orders, however, do not survive after the revival of the NCLT
proceedings, pursuant to the directions of Supreme Court dated 19.11.2024,
wherein HRERA was also a party. Consequently, the order of the Supreme Court
effectively revives the previous NCLT order dated 29.03.2022.
21. …….….
22. ………..
23. Accordingly, the present application is allowed. M/s Orris
Infrastructure Pvt. Ltd. is hereby directed to handover the possession of the
flats/ residential units in Phase-1 of the Greenopolis Project to the eligible
homebuyers who have made payment towards the sale consideration to Orris. A
detailed list of the home buyers to whom the possession shall be handed over be
filed within a month from today accompanied by an affidavit of a competent
official. Lastly, it is imperative that all judicial forums refrain from
allowing any party to re-agitate issues, that have already been conclusively
decided by the highest Court of the country. The application stands disposed of
accordingly”
In view of the above, the
present application for continuation of registration
be returned with liberty to apply afresh for continuation of registration of
the said project after the
decision of Hon’ble Delhi High Court. The processing fee deposited
with the application stands forfeited and remaining balance fee, if any, shall
be adjusted against the future application, as and when submitted in compliance
with applicable laws and regulations. |
RETURN |
View Order |
| 20-Nov-2023 |
|
ADJOURNMENT |
View Order |
| 16-Oct-2023 |
Ms. Asha, Chartered Accountant briefed about the
project.
None is present on behalf of the
promoter. One more and last opportunity is granted.
The matter to come up on 20.11.2023. |
ADJOURNMENT |
View Order |
| 11-Sep-2023 |
Ms. Asha, Chartered Accountant briefed about the
project.
Sh. Rasendra Pathak
(AR) is present on behalf of the promoter. The AR stated that they had applied
for OC and is under the advance stage of approval before DTCP. Further has
applied to DTCP for rescheduling of the EDC charges and requested for four weeks’
time for submission of deficit documents. The AR submitted that till pendency
of proceeding of continuation of registration, no sale or advertisement shall
be made by promoter. The promoter is directed to submit an affidavit to the
effect that no sale of any unit in this project will be made till the
proceeding of continuation of registration under section 7(3) are pending.
The matter to come
up on 16.10.2023. |
ADJOURNMENT |
View Order |
| 12-Jun-2023 |
Ms. Asha, Chartered Accountant briefed about the
project.
Sh. Rasendra Pathak
(AR) is present on behalf of promoter.
The AR of the promoter requested for
adjournment of hearing three months’ time.
The matter to come up on 11.09.2023. |
ADJOURNMENT |
View Order |
| 17-Apr-2023 |
Ms. Asha, Chartered Accountant briefed
about the project.
Sh. Akash Sharma (AR) is present on
behalf of the promoter.
The AR of the promoter has requested for
the time of two months for submission of the deficit documents. The Authority
allowed the same with a last opportunity of hearing is given on 12.06.2023. |
ADJOURNMENT |
View Order |
| 13-Mar-2023 |
Ms. Asha, Chartered Accountant briefed about the
project.
None appeared. The
matter to come up on 17.04.2023 |
ADJOURNMENT |
View Order |
| 14-Feb-2023 |
Ms. Asha, Chartered Accountant briefed about the
project.
None is appeared on
behalf of the promoter.
The promoter is
directed to rectify the deficiencies and submit the required documents before
the next date of hearing. The matter to come up on 13.03.2023. |
ADJOURNMENT |
View Order |
| 31-Jan-2023 |
The matter is adjourned to 14.02.2023. |
ADJOURNMENT |
View Order |
| 17-Jan-2023 |
The authorized representative of the promoter is advised to rectify the deficiencies and submit the deficit fee (if any) along with the deficit documents apart from the filing of information in online detailed project information. The matter is adjourned to 31.01.2023 |
ADJOURNMENT |
View Order |
| 03-Jan-2023 |
The authorized representative of the promoter is advised to rectify the deficiencies and submit the deficit fee (if any) along with the deficit documents apart from the filing of information in online detailed project information. The matter is adjourned to 17.01.2023 |
ADJOURNMENT |
View Order |
| 19-Dec-2022 |
The matter to come up on 03.01.2023 |
ADJOURNMENT |
View Order |
| 15-Nov-2022 |
Proceedings dated
15.11.2022
Ms. Asha, Chartered Accountant briefed about the
project.
Sh.
Rashendra Pathak (Manager) Naveen Sharma (GM Legal) are present on behalf of
the promoter. The AR of the promoters. The AR of the
promoter seeks an adjournment of one month for renewal of license which is held
up due to outstanding amount of about 100 crores and the promoter has moved an
application for waiver of the interest before DTCP in view of peculiar facts and
circumstances of the case. The promoter is also advised to submit the
compliance for submission of upto date QPRs as well as Annual Statement of
Accounts.
The matter to come
up on 19.12.2022. |
ADJOURNMENT |
View Order |
| 13-Sep-2022 |
Sh. Naresh Kumar, Chartered
Accountant and Ms. Asha, Chartered
Accountant briefed about the project.
Sh. Rashendra
Pathak (Manager) Naveen Sharma (GM Legal) are present on behalf of the
promoter. The
AR of the promoters have committed to deposit the deficit fee of Rs. 1,08,87,313/-
within a week. This is a stressed
project and matter has gone even upto the level of Hon’ble Supreme Court
wherein the stand of the Authority to complete the project was finally accepted
by NCLT and there is likelihood of completion of 1st Phase of project
within next 2 months. AR of the promoter has requested for a time period of 2
months to clear all the compliances.
The matter to come
up on 15.11.2022. |
ADJOURNMENT |
View Order |
| 09-Aug-2022 |
The matter to come up on 13.09.2022. |
ADJOURNMENT |
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| 02-Aug-2022 |
The matter to come up on 09.08.2022. |
ADJOURNMENT |
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| 05-Jul-2022 |
Mr Naresh Kumar, Chartered Accountant
briefed the facts of the case Ms. Rasendra Pathak (counsel) is present on
behalf of the promoter. The promoter has requested for adjournment of four
weeks for the ratification of the deficiencies.
The matter to come up on 02.08.2022. |
EXAMINATION BY AUTHORITY |
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