Union Bank Of India vs M/s. Supertech Ltd.

This is an application under Section 60(5) of the IB Code read with Rule 11 of the NCLT Rules seeking direction to the respondent to accept the claim of the Applicants and to admit the names of the Applicants into the list of creditors. Ld. Counsel for the Applicant submitted that this application has been moved prior to NCLAT's order dated 10.06.2022. The NCLAT has made it clear that CIRP proceedings are confined to Eco Village II and the Applicants of IA/2801/2022 of the Home Buyers relate to Araville Sector-79 Gurgaon. Therefore, liberty is granted to the Ld. Counsel to withdraw the present application and pursue his remedies as per law and the Ld. Counsel has exercised the liberty given. Therefore, the present application stands disposed of as withdrawn.

IRP has submitted the record certifying the constitution of CoC under Section 21(1) of IB Code 2016 read with Regulation 17(1) of IBBI (IRP for CP) Regulations 2016 along with the supporting affidavit. The same is taken on record with just exceptions and IRP is directed to take note of the contents of the order dated 10.06.2022 and act strictly in accordance with the direction in the said order.

This is an application filed by the RP under Section 21(6A)(b) of IB Code 2016 read with Regulation 16A(2) of the IBBI (IRP for CP) Regulations 2016 along with the supporting affidavit. From the contents of para 19, it transpires that 3 choices have been provided from the representatives of Home Buyers. Among the three Mr. Sanjeet Kumar Sharma (IBBI/IPA-001/IP-P01132/2018-2019/11827)has been chosen by 989 Home Buyers out of total strength of 2561 to act as AR. Therefore, as prayed for in the application this Tribunal confirms and appoints Mr. Sanjeet Kumar Sharma, Insolvency Professional, having registration No. IBBI/IPA-001/IP-P01132/2018-2019/11827, to act as the Authorized Representative of the class of Real Estate Allottees of Project Eco Village II of the Corporate Debtor.

The application is allowed.