Tribunals and CommissionsDivision Bench(2023) 11 NCLT CK 2826

Daimler Financial Services Pvt. Ltd. vs Value Infracon India Pvt. Ltd.

National Company Law Tribunal · Decided on 28 November 2023

HON’BLE JUDGES
Ramalingam Sudhakar, President · Avinash Kumar Srivastava, Member (Technical)
CASE NUMBER
(IB)-22(PB)/2018

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Judgment

10 paragraphs · 191 words

ORDER

New IA-6199/2023

Prayer in the application is as follows:

“(i)

Allow the present application and direct the Respondents to implement the Resolution Plan as approved by the Hon'ble Tribunal vide order dated 28.04.2022 in CA No. 1659(PB) of 2019; and

(ii)

Take appropriate action against Respondents for issuing such illegal demand letter dated 13.06.2023 to the Applicant: and

(iii)

Stay the demand letter dated 13.06.2023 and forfeiture letter or Cautionary/Warning notice dated 26.07.2023 issued by the Respondents to the Applicant; and

(iv)

Pass such any other order as this Hon'ble Tribunal may deem think it fit.”

While we issue notice to the Respondent/SRA, who is a home-buyers association alleging issues post approval of the plan subject to the maintainability of this application. This is one among the several IAs filed by one or the other home-buyers post the approval of the plan.

We feel appropriate to send a notice to the IBBI to enter an appearance in the matter and give assistance as to how to proceed in the case of a claim, which is being filed after the approval of the Resolution Plan.

List the matter again on 31.01.2024.