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        Insolvency and Bankruptcy

        2021 (3) TMI 1358 - Tri - Insolvency and Bankruptcy

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        Disclosure of allottee particulars cannot be withheld in insolvency proceedings by citing absence of RERA registration. A corporate debtor was held unable to refuse disclosure of allottee particulars needed for insolvency proceedings by relying on the absence of RERA ...
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.

                            Disclosure of allottee particulars cannot be withheld in insolvency proceedings by citing absence of RERA registration.

                            A corporate debtor was held unable to refuse disclosure of allottee particulars needed for insolvency proceedings by relying on the absence of RERA registration or on the Supreme Court's decision in Manish Kumar. The Tribunal noted that the real estate framework contemplates availability of booking and allotment information, and that the requested names, addresses, phone numbers and e-mail addresses were relevant to support the applicants' insolvency application. It also observed that, where no functioning allottee association exists, the applicants may have no practical alternative source for the information. The corporate debtor was directed to furnish the full allottee details, with non-compliance exposed to punitive action.




                            Issues: Whether the corporate debtor was bound to furnish the complete particulars of allottees to the financial creditors in the absence of RERA registration and in view of the objection based on the Supreme Court's decision in Manish Kumar.

                            Analysis: The requested information related to names, addresses, telephone or mobile numbers and e-mail addresses of allottees for the purpose of supporting an application under the insolvency framework. The Tribunal held that the cited Supreme Court decision did not authorise withholding such information. It noted that the statutory scheme under the real estate law requires promoters to make booking and allotment information available, and that the absence of RERA registration could not be used as a shield to deny relevant particulars to allottees. The Tribunal also observed that, in the absence of a functioning allottee association, the applicants had no practical alternative means to obtain the necessary details.

                            Conclusion: The corporate debtor was directed to provide the full allottee information sought by the applicants.

                            Final Conclusion: The application was disposed of with a continuing direction to disclose allottee particulars within the stipulated time, and non-compliance was made liable to attract punitive action.

                            Ratio Decidendi: A corporate debtor cannot refuse disclosure of allottee particulars required for insolvency proceedings by relying on the absence of RERA registration or on a decision that does not permit suppression of statutorily relevant information.


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                            ActsIncome Tax
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