AI Structured Summary
Not yet generated for this judgment
Judgment
18.10.2024: I.A. No. 7014 of 2024
This is an application praying for condonation of 13 days’ delay in filing the appeal. The ground taken in the affidavit is that the appellant sought various approvals from the competent authority and thereafter the matter was sent to the concerned counsel for drafting due to which delay occurred. Cause shown sufficient. Delay condoned.
Comp. App. (AT) (Ins) No. 1897 of 2024
Heard Counsel for the Appellant and the Ld. Counsel appearing for the Respondent.
This appeal has been filed against the order passed by Adjudicating Authority dated 05.08.2024 in IA No. 3194/2024. IA 3194/2024 was filed by Appellant- Kotak Mahindra Bank who claims that PNB Housing has assigned the applicant with regard to a unit in the project ‘Ryne’. Adjudicating Authority has after considering the submission of the Appellant disposed of the application with the clarification, the direction issued by Adjudicating Authority is as follows:
“In wake of aforementioned, the IA is disposed of with the clarification that the Unit referred to in Prayer Clause B of the application would be dealt with as per the statement made by Mr. Batra, Ld. Counsel for the RP. It is further clarified that since the issue of assignment is not raised before us, we cannot pronounce on the same. If the Applicant has any other grievance, it would be open it to it to workout in accordance with law”.
Ld. Counsel for the SRA submits that Resolution Plan has already been approved and as per Resolution Plan the Plan be implemented and any benefit shall be extended as per the plan only to all those concerned.
It is further pointed out that appellant has already filed an application
IA 172 of 2024 raising a claim which was dismissed.
Shri Mittal, Ld. Counsel appearing for the Appellant submits that direction be issued that SRA to abide by the tripartite contract entered between the PNB Housing, CD and the Homebuyers. The SRA has to act as per terms and conditions of the Resolution Plan. No further conditions or any directions can be issued on the application filed by the appellant in IA 3194/2024.
With above observation, the appeal is dismissed.