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TMI Blog2024 (3) TMI 1109X X X X Extracts X X X X X X X X Extracts X X X X ..... against the Agent, through whom the Units were booked was allowed to proceed. The possession letter dated 24.09.2014, which has been extracted above, clearly indicate that possession letter was accepted by the Appellant, though under protest. The possession of Unit was thus, handed over to the Appellant on 24.09.2014, thus, the RP did not commit any error in not accepting the claim of the Appellant, for the possession of the Units, which have already been handed over - there are no error in the impugned order passed by the Adjudicating Authority in rejecting IA No.1531 of 2023 filed by the Appellant seeking direction to accept the claim. However, as undertaken by the SRA, the Resolution Plan having been approved on 20.11.2023, the SRA now h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rporate Debtor asked to make additional payment of Rs.4,42,007/- in respect of two commercial site CB-05 and CB-06. The payment of Rs.4,42,007/- was made by the Appellant for each of the two commercial spaces. (iii) On 24.09.2014, two letters addressed by the CD to the Appellant for taking possession of the commercial space, which letters were signed by the Appellant as owner under protest. (iv) The Appellant filed Civil Suit in the year 2016 seeking refund of the entire amount being CS-43 of 2016. (v) Partial Competition Certificate was issued on 14.10.2016. (vi) On 07.04.2021, insolvency commenced against the Corporate Debtor and Respondent was appointed as Interim Resolution Professional and later confirmed as Resolution Professional ( R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... admitted by the RP. The Appellant continued to be in possession of the commercial spaces and enjoying possession since 24.09.2014. Hence, the claim could not have been accepted. 5. The learned Counsel for SRA also refuted the submissions of learned Counsel for the Appellant and submits that the Appellant being handed over the possession of the Unit, his claim was rightly not admitted. It is submitted that the Appellant has also field a Civil Suit No.43 of 2016, where the Corporate Debtor was impleaded as Defendant No.2. It is further submitted that SRA undertakes to execute the Conveyance Deed of Unit CB-05 and CB-06 in favour of the Appellant. It is further submitted that Resolution Plan of the Corporate Debtor has already been approved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge Projects Pvt. Ltd. Please ensure that the interest free Security Deposit dues to the Star Facilities Management Limited plus any outstanding amounts towards Ansal Lotus Melange Projects Pvt. Ltd. is collected by you before handing over possession. Thanking you, 8. Perusal of above letter indicates that the possession letter has been accepted by the Appellant, although under protest. The learned Counsel for the Appellant has submitted that possession could not have been handed over since there was no Occupancy Certificate. The Appellant has also brought on the record Partial Completion Certificate dated 18.03.2015, along with Appeal, which indicates that Partial Completion Certificate of commercial complex was issued. 9. The Appellant in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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