2020 (1) TMI 839

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....'M/s. Homestead Infrastructure Development Pvt. Ltd.'- ('Corporate Debtor'). The Adjudicating Authority (National Company Law Tribunal), New Delhi Bench, by impugned order dated 14th January, 2019, admitted the application giving rise to the present appeal preferred by Shareholder. 2. Learned counsel appearing on behalf of the Appellant submits that there was no such agreement between the Respondent- ('Financial Creditor') and 'M/s. Homestead Infrastructure Development Pvt. Ltd.'-('Corporate Debtor'). The Respondent- ('Financial Creditor') is an allottee of one 'M/s. Golden Peacock Residence Private Limited'. 3. On the other hand, learned counsel for the Respondent- ('Financi....

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....sued by 'M/s. Homestead Infrastructure Development Pvt. Ltd.'- ('Corporate Debtor'), disbursed the amount for which different receipts were issued by 'M/s. Homestead Infrastructure Development Pvt. Ltd.'- ('Corporate Debtor'). Subsequently, Allotment Letter was issued by 'M/s. Homestead Infrastructure Development Pvt. Ltd.'- ('Corporate Debtor') on 4th January, 2013. Copy of demand letter dated 27th August, 2012 is as follows: 6. The receipt of the amount disbursed by the Respondent has been enclosed, one of which is quoted as follows: 7. Allotment Letter dated dated 4th January, 2013 is also under the heading 'Homestead' is extracted below: 8. From the aforesaid allotment let....

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....pment agreement with 'M/s. Raheja Developers Limited' on 24th July, 2012 and for all purposes it is a joint venture with 'M/s. Golden Peacock Residence Private Limited' who is a subsidiary company and reached agreement with Respondent, but asked to pay the amount to 'M/s. Golden Peacock Residence Private Limited', we hold that the application under Section 7 against 'M/s. Homestead Infrastructure Development Pvt. Ltd.'- ('Corporate Debtor') is maintainable. 11. Learned counsel for the Appellant informed that 'M/s. Raheja Developers Limited' has sold its all the rights to 'M/s. Golden Peacock Residence Private Limited' in the year 2015, but that will not change the complexion of the ....

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....eriod of delay. This amount es not include Service tax & shall be charged as per actual with the next installment. Thanking you, Yours faithfully For Golden Peacock Residence Private Limited _dishaas (Authorized Signatory) FLABCI Golden Peacock Residence Pvt. Ltd. (Whaly owned subsidiary of immatra Infrastructure Delgument five arty Plot No. 15. in | Ph: 0124-400 0124-335 Sector 4. Surgeon 133001, INDES Fax: 012440 801, hanc inde ny CHEERY コン TRUB COPY ADVOCATE IBERE Document 2 MR. SHARAD VADEKRA B-483, MEERA BAGH PASCHIM VIHAR NEW DELHI 110063 HOMESTEAD™ Receipt 109 Customer Id Receipt No. 1 Booking No. Receipt Date, B 100015 180....

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....ice: Plot No.15, 2nd Floor, Sector-44, Gurgaon (Haryana)-122001 Registered Office: Unit No. 502, Building D Mail, Netaji Subhash Place, Pitampura, New Delhi-110034 Phone: 0124-4904800, Fax: 0124-4904801. Website: www.homesteadinfra.com G GREEN BUILDING COUNCIL WERFE Affiliations IBERE Good Homes American Real Estate Society Institute for Behavioral and Experimental Real Estate TRUE COPY Document 3 To, Mr./Mrs. SHARAD VADEHRA R/o. B-483, Meera Bagh, Paschim Vihar, New Delhi-110063 HOMESTEAD NN EXURE- A-5 62 ALLOTMENT LETTER Dated: 04/01/2013 Subject: Allotment of Unit against your booking in our Project "Michael Schumacher World Tower", in Sector-109, Gurgaon, Harya....