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TMI Blog2018 (9) TMI 1773X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 passed by the Adjudicating Authority - Company Appeal (AT) (Insolvency) No. 187 of 2018 - - - Dated:- 11-9-2018 - S.J. Mukhopadhaya And A.I.S. Cheema, JJ. For Appellant: Mr. Rakesh Kumar Singh, Advocate. Mr. Rajendra Kumar Saxena, Appellant in person. ORDER All the time whenever notice was issued on Respondent it returned unserved by the Postal Department in absence of the Respondent M/s Earth Gracia Buildcon Private Limited. After taking number of times attempts to serve notice and as the Respondents office remained close, the Appellant was allowed to publish notice in two national newspapers, one English (Times of India) and one Hindi (Hindustan) which are published from Delhi circulated in NCR. 2. Learned couns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 of 2017 was relied upon, which relates to an application under Section 9 of the I B Code and does not relate to application under Section 7 of I B Code. 5. Learned counsel appearing on behalf of the Appellant has brought to our notice the Terms and conditions forming part of the application for provisional allotment of a residential apartment in Earth Gracia (Plot No. GH-12A-1, Sector-1, Greater Noida, U.P.). The Appellant has also placed on record the receipts given by the Respondent which indicates that the project is situated at Greater Noida. Receipts were issued between 16.04.2013 and 24.03.2014. The allotment letter from Earth Gracia Buildcon Pvt. Ltd. shows that a residential unit/apartment in the proposed Group Housing Complex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Tribunal in Nikhil Mehta Sons Vs. AMR Infrastructure Ltd. and has also failed to consider the Terms and Conditions of the Allotment Letter including the provision of Assured Return and the fact that the Appellant has already paid ₹ 13 Lakhs in favour of the Corporate Debtor which the Respondent has defaulted to pay. We have no option but to set aside the impugned order dated 5th March, 2018 passed by the Adjudicating Authority in Company Petition No. (IB)-448(PB)/2017. It is accordingly set aside. 8. Prayer of the Appellant is allowed. The Adjudicating Authority will now admit Company Petition No. (IB)-448(PB)/2017, pass order of moratorium and Company Appeal (AT) (Insolvency) No. 187 of 2018 appoint the Interim Resolution P ..... X X X X Extracts X X X X X X X X Extracts X X X X
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