9911796707
TMI Blog2023 (8) TMI 1325X X X X Extracts X X X X X X X X Extracts X X X X ..... nor the Operational Creditor brought all the facts into the notice of the Adjudicating Authority and Adjudicating authority without taking into consideration the subsequent events which have bearing on the CIRP process has admitted Section 9 application by initiating CIRP - appellants who have been handed over the projects and who under the statutory orders have submissions which need to be looked into by the Adjudicating Authority before passing any order under Section 9. The order impugned cannot be sustained and is set aside, however, the application is revived before the Adjudicating Authority to be preceded and decided again in accordance with law - Appellants are impleaded to the Section 9 application and they are permitted to file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sociation of Flat Buyers of 4 towers namely; (i) Flat Buyer Welfare Association, Blue Solitaire, Tower C, (ii) Flat Buyers Welfare Association Solitaire, Tower D, (iii) Tower E, California Country Buyers Association, Sector 80, Faridabad, (iv) Flat Buyers Welfare Association, Gemini Groove Duplex, REGD Sector 80, Faridabad. 4. The appellant s case in the appeal is that the Corporate Debtor having unable to complete the construction, the complaints were filed before the HRERA Authority and an order under Section 8 was passed on 15.03.2022 by which the project was handed over to the appellants to complete the projects. In view of the order passed HRERA Authority the towers are completed and the home buyers were also residing in some of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther decides to issue following directions/ guidelines to Association of Towers Gemini Grove Duplex and Blue Solitaire Tower-C who have been handed over their respective towers for completion at their level: - i) Record of Income and Expenditure should be maintained by the Association meticulously. Statement of all receipts and payments made during a month should be placed before General Body of the Association. Minutes of said meetings of the General Body should be placed before Authority on the dates of hearing. ii) All payments should be approved by Governing Body of the respective Associations. iii) After handing over of Tower Gemini Grove and Blue Solitaire to respective Associations, they have stepped into the shoes o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prior to taking over of the project. vi) Respective Associations are free to deal with non-member allottees or non-paying allottees at their own level in any manner consider appropriate. However, decision in such regard should be taken in the General Body meeting of the Associations . 9. The subsequent events including the order dated 15.03.2022 indicate that appellant were handed over the certain towers for construction and they have steps into the shoes of promoters for the purposes of the project. Before the Adjudicating Authority neither the Corporate Debtor nor the Operational Creditor brought all these facts into the notice of the Adjudicating Authority and Adjudicating authority without taking into consideration the subseque ..... X X X X Extracts X X X X X X X X Extracts X X X X
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