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Judgment
(Hybrid Mode)
Heard Ld. Counsel for the Appellant.
This appeal has been filed against the order dated 07.11.2025 by which order the application filed by appellant has been rejected.
The Appellant claimed that he has a right in FSI and his argument was that his right should be protected.
The Adjudicating Authority heard the parties and held that FSI which was claimed by the Appellant was cancelled in the year 2017 and the CIRP which commenced in the year 2022 no claim was filed by the Appellant and the plan has already been approved.
Ld. Counsel for the Respondent submits that plan has also been approved subsequent to the impugned order by the Adjudicating Authority on 07.11.2025.
Ld. Counsel for the Appellant submits that he was not aware of the initiation of the CIRP and he should be given same benefits which is given to FSI holders of other towers.
We have considered the submissions and perused the record.
The Adjudicating Authority has accepted the submissions of the Respondent that the cancellation was made of the towers of the FSI in favour of the Appellant in the year 2017 which order was never challenged and further the fact is not disputed that the Appellant has not filed any claim in the CIRP which CIRP commenced on 2022 and the application was filed in the year 2025 being I.A No. 4520 of 2025 only after the plan was approved by the CoC.
We are thus of the view that the Adjudicating Authority has not committed any error in rejecting the application.
In so far as the submission of the Appellant that he should be given the same benefits which was given to other FSI holders in different towers. Ld. for the Respondent submits that the said benefit cannot be given to the Appellant since his contract was terminated and with respect to the existing FSI holders also the plan provides that if they do not comply with the requirement under the contract they can be also terminated. Be that as it may, we are of the view that the said submissions also do not help the appellant. The appeal is dismissed.