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Judgment
05.02.2026: I.A. No. 299 of 2026 This application has been filed by the applicant praying for following reliefs:-
“RELIEF(S)
It is most humbly prayed that based on the facts and circumstances as stated in the present Application, this Ld. Appellate Tribunal may most graciously be please to :-
(a)Allow the present Application; and
(b)Clarify that in terms of Para 7 of the Order dated 22.04.2024, the Respondent No.1 shall adjudicate and decide upon the representation of the Applicant within 7 days from the date of the order; and
(c)Pass any other or further such order(s) which this Ld. Appellate Tribunal deems just and proper in the interest of justice based on the facts and circumstances of the present Application.”
The applicant’s resolution plan in the CIRP of the corporate debtor-Ansal Urban Condominiums Private Limited has been approved. It is submitted that this Tribunal in CA (AT)(Ins) No. 707 of 2024 which was filed by the Ghaziabad Development Authority and by the SRA challenging the order dated 05.03.2024 had observed that RP to approach Ghaziabad Development Authority with a fresh application and Ghaziabad Development Authority shall endeavour to dispose of the application preferable in the period of 4 weeks. Paragraph 7 of the order is as follows:-
“7.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.”
The grievance of the appellant is that plan having been approved but there is no decision taken by the Ghaziabad Development Authority in extending or granting approval to the sanctioned plan which has lapsed during the CIRP period, the Appellant is not able to take any steps in the project. It is submitted that there is urgency and immediacy to take steps.
Shri Rachit Mittal, Ld. Counsel for the Ghaziabad Development Authority submits that this application be disposed of directing Ghaziabad Authority to take a decision within three weeks from today.
Considering the aforesaid, we dispose of the application directing the Ghaziabad Development Authority to take decision within three weeks with respect to sanction of the plan as have been prayed before the Ghaziabad Development Authority and take decision on the representation made on 09.12.2025.
I.A. No. 907 of 2025
In view of the order passed in IA No. 299 of 2026, I.A. No. 907 of 2026 filed by Surendra Kumar Sharma is also disposed of.
