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Threshold for a class of allottees requires proof of financial...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineffective.
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Threshold for a class of allottees requires proof of financial debt and corresponding default; the petitioners established payment for 103 units and non-delivery, so the initiation of insolvency proceedings was justified and the petition was maintainable. Possession letters and notional delivery were found legally ineffective because tripartite sublease execution was a precondition to lawful physical delivery under the lease documentation; several possession letters related to unrelated floors or unexecuted subleases and thus carried no legal import, a conclusion supported by an independent Observer's report. Consequently, admission of the company petition was upheld and appeals dismissed.
Threshold for a class of allottees requires proof of financial debt and corresponding default; the petitioners established payment for 103 units and non-delivery, so the initiation of insolvency proceedings was justified and the petition was maintainable. Possession letters and notional delivery were found legally ineffective because tripartite sublease execution was a precondition to lawful physical delivery under the lease documentation; several possession letters related to unrelated floors or unexecuted subleases and thus carried no legal import, a conclusion supported by an independent Observer's report. Consequently, admission of the company petition was upheld and appeals dismissed.
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