Ghaziabad Development Authority vs Rajesh Ramnani

These two Appeals have been filed against the same order dated 05.03.2024 passed in I.A. – 6237/2022 in Company Petition No. (IB)–113(ND)/2021. The application was filed by the Resolution Professional (RP) before the Adjudicating Authority praying for following reliefs:

“• Direct Respondent No. 1 to independently recognize the Corporate Debtor and the Applicant (as Authorized Representative of the Corporate Debtor) in its records for the purposes of approval, revision, compounding, completion etc. of the Building Plans and all the future permissions/licenses, etc. qua the Group Housing project of the Corporate Debtor at Sushant Aquapolis, Dhoondera, Ghaziabad without insisting on the presence of and any of the obligations to be completed by Respondent No. 2 as a preconditions for the said purposes.

• Direct Respondent No. 1 to transfer all approvals, licenses, etc. of the Building Plans, etc. in the name of the Corporate Debtor which was earlier granted by Respondent No. 1 in the name of Respondent No. 2 for the Group Housing Project at Sushant Aquopolis, Dhoondera, Ghaziabad.”

The  Adjudicating  Authority  after  hearing  the  Applicant  and  other Respondents has passed the following Order:

“6. It is an admitted position that in order to proceed with the Group Housing Project the Applicant has to obtain necessary approvals or remission license etc. from the Respondent No. 1 Authority as required under the law without which it will not be possible for the Applicant to proceed with the CIRP Process and completion of the project in question. We, therefore, grant liberty to the Applicant/Resolution Professional to approach the Respondent No. 1 Authority with appropriate application and in which case, we expect the Respondent No. 1 to extend full co-operation to the Applicant/RP and provide all necessary documents etc. as prayed for by the Applicant in this application.

The present application is therefore, disposed of with the above directions.”

Learned Counsel for the Ghaziabad Development Authority submits that Ghaziabad Development Authority was not heard at the time when order was passed since proceedings were already Ex-Parte against the Ghaziabad Development Authority. It is submitted that in paragraph 5, Order recorded that both the parties were heard cannot mean that Ghaziabad Development Authority was also heard.

The Appeal has been filed by Ghaziabad Development Authority challenging the Order and the other Appeal has been filed by the Applicant who claims to be Successful Resolution Applicant (SRA) who has submitted the Resolution Plan in the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor – Ansal Urban Condominiums Private Limited (AUCPL).

When we look into paragraph 6 of the Order, directions issued by the Adjudicating Authority is only liberty to the RP to approach the Ghaziabad Development Authority with appropriate application and the Court has only observed that Court expect that Ghaziabad Development Authority shall extend cooperation to the Applicant and provide all the necessary documents etc.

The Adjudicating Authority has not issued any directions as prayed for in the application by the RP and it was left to the Ghaziabad Development Authority to take appropriate decision.

We, at this stage are not inclined to enter into various issues raised by Counsel for both the parties, since the Adjudicating Authority itself has given liberty to the RP to approach the Ghaziabad Development Authority with a fresh application. We only observe that in event the appropriate application is filed before the GDA within one week from today, the Ghaziabad Development Authority shall endeavour to dispose of the application as early as possible preferably within the period of four weeks.

It shall be opened for the Respondent No. 2-Ansal Properties and Infrastructure Limited (APIL) and Appellant-One City Infrastructure Private Limited to submit their objections/representations before the Ghaziabad Development Authority bringing their point of view before the Ghaziabad Development Authority for consideration.

Learned Counsel for the Ghaziabad Development Authority submitted that relevant clauses of Resolution Plan should be provided to Ghaziabad Development Authority. It is open for Ghaziabad Development Authority to make an application to the RP for providing the relevant clauses of the Resolution Plan affecting the Ghaziabad Development Authority. If any such application is made, it is for the RP to take call and take appropriate steps. All contentions of parties are left open.

With these observations, we dispose of both the Appeals.