TaxTMI 
TaxTMI 
2021 (10) TMI 768
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....tor. ii. That the public announcement in this regard was made on 13.10.2019 in the Newspapers Financial Express and Jansatta and the claims were also invited. iii. That the IRP had intimated to both the Directors of the Corporate Debtor i.e. Mr. Anil Gupta and Mr. Ramesh Rao vide letter dated 14.10.2019 and a reminder was also sent to both the Directors on 08.11.2019 and on 04.12.2019. The IRP had also intimated the major shareholder AA Realcon Pvt. Ltd. on 14.10.2019 as well as by email dt. 17.10.2019. iv. That the IRP also informed the Bankers of CD and other concerned persons/authorities about the commencement of CIRP in respect of Corporate Debtor on 14.10.2019. v. That an intimation was also sent on 08.11.2019 to the President Sh. Devendra Kushwaha of RWS Crossroad Welfare Society at his office and the information was sought from him about details of home buyers, as the maintenance of the housing project is being managed by this society at present. A reminder was also sent to the President of the RWS Crossroad Welfare Society on 10.11.2019 by email and on 29.11.2019. vi. That the Resolution Professional received Claims from the Fina....
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....ificate, NOC from Fire Department, NOC from Ministry of Environment, Labour cess, structure stability certificate, payment receipts of water & electricity department, consent letter from flat buyers, NOC for establishment & Operation of Lifts, Establishment of STP etc. xvi. That in the month of July, RP has applied for regular water & sewage connection at the project site. In response to application dated 01.07.2020 filed by the RP, the Noida Authority have issued a water challan for Rs. 70,85,766/- to be deposited in the account of Noida Authority by CD. This amount is in addition to quotation/estimation invited by RP. xvii. That on 17.07.2020, RP has visited Office of Noida Authority - Town Planner and discussed with concerned officers regarding modalities of issuing OC & CC for the project. xviii. That as per the accounts available with RP, no funds are available with the CD for payment of the compounding fees and other charges to the authority as per their demand. Further, a large amount of funds are also required for providing the various facilities as per requirement of Noida Authority. The RP is in process of inviting the quotation for providing th....
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....01.2021 mentioning the further documents submitted with the answering Respondent. h. After submission of the documents, the answering respondent again conducted a scrutiny and as per the scrutiny, following documents are still pending for submission: 1. Water bill payment receipt 2. No dues certificate from Group Housing Department 3. Environment NOC 4. Consent to operate issued by the U.P. Pollution Control Board 5. No dues certificate from labour cess department 6. Compounding charges for an amount of Rs. 16,23,67,173/- 7. Solid Waste Management documents i. That the aforesaid documents/amounts are necessary for issuance of the occupation certificate/completion certificate. j. That the amounts mentioned to be paid are NOC from the Group Housing Department and Rs. 16,23,67,173/- towards the compounding charges as per the revised rated w.e.f 22.05.2018. k. That these dues of compounding charges are current dues. The answering respondent has filed a claim of its claim up to the date of initiation of the CIRP. The amount in terms of the lease deed, which has become due from the CIRP ini....
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....ent. e. Applicant is in touch with the labor department for issuance of "No Due Certificate". f. Compounding charges have been levied by the NOIDA and is the point of contention between both the parties. These charges have been calculated wrongly and revised arbitrarily. Moreover, the authority is leveling the interest for a period, during which the authority itself was negligent and its negligence has led to siphoning of funds by the ex-management of CD. g. Solid waste management plant has been introduced in 2019 and present CD is not having any funds to install the same and the needful will be done in future. ii. The issuance of the OC/CC and water/sewer connection are covered under the essential services for the homebuyers. In the absence of the same, the Resolution Professional will not be in a position to get the balance amount from the allottees, who have not taken the possession of their flats. iii. The RP has already filed separate application i.e. IA No. 5670/2020 for seeking approval of the Resolution Plan being submitted by the RP i.e. Crossroad Welfare Society, which has already been approved by the CoC with 94% voting rights....
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....his ground, in view of the order passed by the Hon'ble Supreme Court in matter of Amarpali Group Case (WPC (C) 940/2017, Order dt. 23 July 2019), the respondent/NOIDA Authority cannot refuse to issue the occupancy certificate and NOC. iii. So far the other certificate as referred to in the application i.e. no due certificate from Group Housing Department, Environment NOC, consent to operate issued by UP Pollution Control Board & No due certificate from Labour Cess Department are concerned, the RP is directed to take necessary steps to obtain these certificates and if these certificates are produced by the RP before the NOIDA Authority then the NOIDA Authority is directed to issue OC/CC certificate subject to payment of current water bills by the persons, who have occupied/residing in the flats or by the RWA. And once, the current water bills is paid, and required certificates are produced, the NOIDA Authority shall not refuse to grant the certificate, on the ground of outstanding dues, which was prior to the initiation of CIRP. 11. With this present application i.e., IA/3883/2020 stands disposed off. ============= Document 1 BEFORE THE HON'BLE NATIONAL COMPANY ....