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Judgment
The applicant is a society comprising persons who have invested in flats at a building complex in Navi Mumbai.
The applicant relies on a recommendation made by the inquiry officer appointed by the Supreme Court for funds being made available out of the consideration put in by the unit holders for the completion of the building complex and to make the same habitable and for further steps being taken for the members of the society to get possession of the respective units. The special officers appointed by the Supreme Court are represented and do not object, in principle, to the prayer. However, it is submitted on behalf of the special officers that an affidavit needs to be filed to indicate that certain unit-holders pertaining to the complex are untraceable and the society may have attempted to set up persons to impersonate the original applicants. The society, however, denies such allegation.
The erstwhile management of the company (in liquidation) has been served, but the body of creditors of the company (in liquidation) at whose behest the proceedings have continued have not been served. The body of the creditors of the company (in liquidation) should be served within a week. Affidavits-in-opposition may be filed by those interested within a week thereafter; reply thereto, if any, by the week following. The matter will appear four weeks hence.
It has been submitted on behalf of the special officers that it is imperative that an auditor be appointed by the applicant society so that the expenses incurred by the applicant society to make the building habitable and fit for use would be audited by the firm of auditors and the special officers will reimburse the expenses incurred on the basis of such audit. However, it is made clear that only a particular earmarked sum may be paid out on account of such expenses.
It is submitted on behalf of the special officers that the partnership firm, City Builders and Developers, was a joint venture partner along with the company prior to its liquidation in respect of the relevant Navi Mumbai project in Belapur. The applicant society will obtain the address of such joint venture partner and the partners of the relevant firm and forward copies of the present petition and this order to the firm and its partners.