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TMI Blog2025 (3) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... noted above, allotment was made on 04.06.2025 and the entire amount was paid by the UCO Bank to the corporate debtor. No payment was made by the Appellant to the Corporate Debtor. Appellant has brought on the record the order of the DRAT dated 10.02.2021 filed as Annexure A3 of the Affidavit. The Appellant entered into settlement with the Bank and paid Rs.17 lakhs towards full and final settlement of the dues, hence, there are no bank dues with respect to the unit in question. Adjudicating Authority in the order although has noticed the amount of Rs.29 Lakhs is reflected as payable by the Corporate Debtor in its books of accounts and the Resolution Professional shall intimate the bank about the amount payable to them forthwith - the Appel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IA No.2413 of 2024 filed by the Appellant has been rejected. 2. Brief facts necessary to be noticed for deciding the Appeal are:- 2.1. Appellant was allotted Flat No.C-103 on payment of Rs.29 lakhs on 04.06.2015. The entire payment of Rs.29 Lakhs was made by the UCO Bank to the corporate debtor by loan taken by the Appellant for payment against the flat. On 03.02.2018, Appellant requested the corporate debtor to cancel the allotment and clear the bank loan amount. Bank has initiated proceedings against the Appellant before the Debt Recovery Tribunal (DRT). Appellant filed a complaint before the UP RERA on 02.03.2019. On 05.08.2019, the UP RERA issued decree against the corporate debtor for payment of outstanding alongwith the interest. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssional as well as Counsel for the SRA. 4. Counsel for the Appellant submits that the Appellant's claim has been accepted as 'unsecured financial creditor' whereas Appellant was entitled to be treated as homebuyer. It is submitted that the Appellant has not been treated as allottee of Flat No.103, C- Block. It is submitted that the Appellant is also entitled for the benefit of the judgment of the Hon'ble Supreme Court in "Vishal Chelani & Ors. vs. Debashis Nanda- Civil Appeal No.3806 of 2023". 5. Counsel for the Resolution Professional refuting the submission of the Appellant submits that the Appellant's claim was rightly accepted as other creditors since it was on the own request of the Appellant that the unit was cancelled. Insofar as t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Table below. It is respectfully submitted that as per the records (software) of the Corporate Debtor, the unit mentioned at the table below in Sr. No.1 is a vacant inventory as per the records of the Corporate Debtor. It is pertinent to mention since their name didn't appear in the records of the Corporate Debtor with respect to the unit for which they had filed their claim and is a vacant inventory as per the records of the Corporate Debtor, thus, in the absence of this, they cannot be treated as Homebuyers. Detail of the Unit as per record of Corporate Debtor is provided in the Table below : Sr. No. Account No./ Customer ID Name of the person to whom the Unit has been allotted as per the Applicant Property Details Status of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned to the applicant bank as per procedure. Pending application if any shall also be disposed off accordingly. File be consigned to records." 11. From the above, it is clear that the Appellant entered into settlement with the Bank and paid Rs.17 lakhs towards full and final settlement of the dues, hence, there are no bank dues with respect to the unit in question. Adjudicating Authority in the order although has noticed the amount of Rs.29 Lakhs is reflected as payable by the Corporate Debtor in its books of accounts and the Resolution Professional shall intimate the bank about the amount payable to them forthwith. We have noticed that the Appellant has already paid the amount to the bank and all dues of the bank are settled with the Appe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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