Homebuyers' intervention appeal dismissed during Section 7 application under Insolvency and Bankruptcy Code.

Vikash Kumar Mishra & Ors. Versus Orbis Trusteeship Service Pvt. Ltd. & Anr.

Vikash Kumar Mishra & Ors. Versus Orbis Trusteeship Service Pvt. Ltd. & Anr. - TMI Issues Involved:
The issue of maintaining an intervention application before the admission of the application under Section 7 of the Insolvency and Bankruptcy Code, 2016.

Comprehensive Details:

Issue 1: Intervention Application
The appeal was against the dismissal of an intervention application filed by homebuyers during the pendency of an application under Section 7 of the Code by a Financial Creditor. The intervention was sought based on a favorable order from the UP Real Estate Regulatory Authority.

Issue 2: Legal Interpretation
The main contention was whether the intervention application could be maintained before the admission of the Section 7 application. The Respondent argued that the Appellants lacked locus standi at this stage, which was supported by previous tribunal decisions.

Issue 3: Precedent and Interpretation
The Appellant relied on previous tribunal decisions to support their stance that an application under Section 65 of the Code could be filed before admission. However, the Respondent cited cases where intervention before admission was deemed inappropriate.

Issue 4: Decision and Rationale
The Tribunal found that the Appellant's reliance on previous decisions was misplaced. It was concluded that intervention before admission of the Section 7 application was not justified. The appeal was dismissed without costs.

This summary provides a detailed overview of the issues involved in the legal judgment, including the arguments presented by both parties, the interpretation of relevant legal provisions, and the final decision reached by the Tribunal.