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Judgment
O R D E R
This appeal arises from the order dated 10.06.2022 by which an application CA No. 809 of 2018 filed by the Appellant as Operational Creditor who had submitted a claim of Rs. 1,99,26,133/- with the RP was rejected, was dismissed by the Tribunal.
However, in the reply filed by Respondent No. 2 (RP), following averments have been made which read as under:-
“That the Appellant submitted its claim under Form B as an Operational Creditor for an amount of Rs. 1,99,26,133 out of which the principal amount of Rs. 1,37,42,161/- was verified and admitted by the Respondent No. 2”
In view of the aforesaid facts and circumstances, since the claim of the Appellant has been verified and admitted by the Respondent No. 2, the grievance of the Appellant in this regard has been over and therefore, present appeal has become infructuous. Dismissed as infructuous.
Company Appeal (AT) (Insolvency) No. 691 of 2023
Counsel for the Appellant has submitted that in similar matters such as CA (AT) (Ins) No. 1076 of 2022, CA (AT) (Ins) No. 1085 of 2022 & CA (AT) (Ins) No. 1135 of 2022 notice has already been issued and reply has been filed. It is submitted that the issue involved in this case is as to whether the Appellant is a home buyer or a financial creditor.
Issue notice. At this stage, Ms. Vatsala Kak appearing on behalf of the RP (sole Respondent) accepts notice and prays for time to file reply.
Let the reply be filed on or before 21st July, 2023 with advance copy to the Appellant who may, if so advised, file rejoinder on or before 04th August, 2023.
List for hearing on 10th August, 2023.
Company Appeal (AT) (Insolvency) No. 270 of 2023
I.A. No. 869 of 2023
This application is filed by the Appellant for seeking condonation of delay in refiling of the appeal.
Notice in this application was issued to which reply has been filed.
After hearing counsel for the parties, we are of the considered opinion that the reasons given in the application for delay in refiling is a sufficient cause for the purpose of condonation of delay and hence the application is hereby allowed and delay is condoned.
I.A. No. 950 of 2023
This application is filed for seeking exemption for filing illegible annexures.
This application is allowed as prayed subject to all just exception.
I.A. No. 951 of 2023
This application is filed by four Applicants, namely, Narinder Singh HUF, Tek Ram Singora, Sangeeta Chachra and Lalit Kumar Aggarwal who are all similarly placed with the Appellant as home buyers.
They have prayed in the application that they may be impleaded as Appellant in the present appeal.
Notice to the Respondent. Counsel for the Respondent has not raised any objection.
The Application is allowed and thus all the Applicants are impleaded as Appellant No. 2, 3, 4 & 5 in the main appeal.
Counsel for the Appellant is directed to file amended memo of parties.
List for hearing on 10th August, 2023.
Company Appeal (AT) (Insolvency) No. 964 & 965 of 2022
I.A. No. 4956 of 2022
The following order has been passed in this application on 10.01.2023 which read as under:-
“Issue notice. Let the Resolution Professional file reply within two weeks. List this Appeal on 01.02.2023.”
Today, Counsel for the Respondent has submitted that she does not want to file separate reply in this application and rely upon the reply filed to the main appeal for the purpose of contesting this application as well.
In view thereof, this application shall be decided with the main appeal.
List this appeal on 10th August, 2023.
Company Appeal (AT) (Ins) No. 691 of 2023
Counsel for the parties are ad-idem that issue involved in this case is also involved in another cases, namely, CA (AT) (Ins) No.1085 of 2022, 1136 of 2022, 964 & 965 of 2022, 1015 of 2022 and 270 of 2023.
Counsel for the Appellant has submitted that precise issue involved in these appeals is as to whether the Appellant is a homebuyer or a financial creditors.
Since, pleadings in CA (AT) (Ins) No. 691 of 2023 and 270 of 2023 are yet to be completed, therefore, list all these cases on 10th August, 2023.
Company Appeal (AT) (Insolvency) No. 757 & 758 of 2022
Counsel for the Appellant has submitted that this appeal has been filed to assail the findings recorded by the Tribunal in CA 688 of 2019 which is purported to have been filed by the RP and I.A. No. 2088 of 2021 & I.A. No. 32 of 2022 filed by the Appellant.
It is submitted that the Tribunal has allowed CA 688 of 2018 without referring to any specific findings and dismissed the applications filed by the Appellant without assigning any reason.
Counsel for the RP faced with these arguments, prays for a short accommodation to prepare his case. Adjourned to 10th August, 2023.
List all these cases alongwith I.As on 10th August, 2023.