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NCLT Urged to Expedite Hearing on Delayed Rental Payment Concerns, Decision Expected Within a Month. The court refrained from issuing further orders but emphasized the need for the NCLT to address the Petitioners' concerns regarding delayed rental ...
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.
Provisions expressly mentioned in the judgment/order text.
NCLT Urged to Expedite Hearing on Delayed Rental Payment Concerns, Decision Expected Within a Month.
The court refrained from issuing further orders but emphasized the need for the NCLT to address the Petitioners' concerns regarding delayed rental payments promptly. It urged the NCLT to hear and decide the applications expeditiously, preferably within a month. The petition and all pending applications were disposed of, with instructions for the order to be forwarded to the Principal Bench, NCLT, New Delhi for necessary action.
Issues: 1. Delay in rental payments to real estate allottees post initiation of CIRP proceedings. 2. Allegation of NCLT adjourning applications without hearing. 3. Request for early adjudication of the application by the Petitioners. 4. Dispute regarding listing of applications before NCLT. 5. Resolution Professional's submission on the listing of the application.
Analysis: The judgment pertains to a case where a group of real estate allottees filed a petition concerning the delay in receiving rental amounts post the initiation of Corporate Insolvency Resolution Process (CIRP) against the company responsible for the project. The Petitioners claimed that they were not receiving rental amounts since the appointment of the present Resolution Professional (RP) from October 2020 onwards. The Petitioners expressed their dependency on the rental income and sought early adjudication of their application. The NCLT, represented by Mr. Harish Vaidyanathan, contended that the applications were listed for hearing on a specific date and were adjourned previously due to the Petitioners' absence. However, Mr. Srivatsava, representing the Petitioners, disputed this claim, stating that their application was not listed on the last occasion when they were absent.
The Resolution Professional, represented by Mr. Aditya, informed the court that the application was scheduled for a hearing the following day before the NCLT. The court, after considering the submissions from both sides, refrained from passing further orders. It emphasized the importance of the NCLT addressing the Petitioners' concerns promptly and hoped for the applications to be heard and decided expeditiously, preferably within a month from the judgment date. Consequently, the court disposed of the petition along with all pending applications, instructing the order to be forwarded to the Principal Bench, NCLT, New Delhi through the Registrar, NCLT for necessary action.
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