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Judgment
O R D E R
04.03.2024: Heard learned Counsel for the Appellant as well as the learned Counsel for the Respondents and learned Counsel for the Resolution Professional.
These appeals have been filed against the order dated 16.11.2022 passed in Section 7 Application by which on an Application filed by 125 allottees (Financial Creditors), the Adjudicating Authority admitted Section 7 Application. The allottees, who filed the Application, were allottees of one Projects the ‘Fernhill Project’. This Tribunal entertained the appeal and passed following interim order dated 13.01.2023:
“O R D E R
13.01.2023: Learned counsel for the Appellant submits that the Adjudicating Authority had on an application under Section 7 by the allottees of one project Fernhill situated in Section-91, Gurgaon, Manesar, Haryana has initiated CIRP process against the Corporate Debtor. It is submitted that the Corporate Debtor has several projects and the Appellants are allottees in two projects situated at Lucknow, State of Uttar Pradesh. It is submitted that the Applicant allottees being only concerned with Fernhill project CIRP ought to have been confined to Fernhill project only and projects in other States ought not to have been included. Submission needs scrutiny.
Issue notice. Requisites alongwith process fee be filed within three days. Respondents may file Reply within two weeks. Rejoinder be filed within two weeks thereafter.
List this Appeal on 28.02.2023.
We provide that the order of Adjudicating Authority admitting Section 7 application shall confine to ‘Fernhill project’ situated at District Gurgaon.”
All these appeals by the allottees, who have different projects of the Corporate Debtor and by initiation of CIRP they have been aggrieved. The Projects of the Appellants are situated at different cities and the ‘Fernhill’ project is situated at Manesar, Haryana. Learned Counsel for the Appellants as well as the learned Counsel for the allottees, who are Applicant, are agreeable that the CIRP should be confined only to ‘Fernhill Project’. There being no dispute between the parties that CIRP should be confined to Fernhill Project, we modify the impugned order dated 16.11.2022 only to the extent that the CIRP admitted against the Corporate Debtor shall confine only to one project i.e. “The Fernhill” situated at “Revenue Estate of Village Mewka, Tehsil-Manesar, Sector-91, District- Gurgaon, Haryana.
That an Application being I.A. No. 1839/23 on behalf of Director, Town County Planning, Haryana saying that there is no license with regard to Fernhill Project. He has filed an Application to intervene in the Appeal. We, having taken view that CIRP should be confined to Fernhill Project, the Director, Town County Planning is at liberty to make an Application before the Adjudicating Authority bringing on record the relevant facts pertaining to the license, if any.
The Applicant, who has filed I.A. No. 571 of 2023 is also at liberty to file an appropriate Application before the Adjudicating Authority.
In view of the above, we dispose of all the appeals with the aforesaid directions.