TaxTMI 
TaxTMI 
2021 (3) TMI 1358
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....rate Debtor's Real Estate Project at Bhiwadi, named Parsvnath City Centre, Bhiwadi. In this connection, the Corporate Debtor was earlier directed by this Tribunal order dated 16th November, 2021 to provide all the details with regard to the Allottees of the Real Estate Project of the Corporate Debtor having regard to the judgement of Hon'ble NCLAT dated 18th January, 2021 in the matter of Supertech Township Project Ltd. vs. Inderpal Singh Khandpur HUF in Company Appeal (AT) (Insolvency) No. 17 of 2021. 2. It is seen from the previous orders that Hon'ble NCLAT had given the aforesaid directions in pursuance to an Appeal filed in the matter of case arising under IB 3182 of 2019 (Inderpal Singh HUF Vs. Supertech Township Project....
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....ting the Corporate Debtor to provide information to the Respondent - Allottee to meet the threshold criteria to initiate the class action in the face of the ordinance laying such threshold limit, no legal right vested in the Appellant/Corporate Debtor can be said to have been infringed. In this age of transparency, knowledge and information revolution coupled with the fact that adequate information as required by the Respondent - Allottee is not displayed on the website of the Corporate Debtor, as emanating from the impugned order, we are of the considered opinion that the impugned order cannot be termed to be erroneous or unsustainable. In so far as the direction given by the Hon'ble Apex Court is concerned, it is in regard to initiati....
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....vant information already being given as per directions and the same is filed as Annexure-7 and is available at page 20 of the said Affidavit. With this background, he submitted that his client has complied with the aforesaid direction of this Tribunal. We have seen the information disclosed in said Annexure-7 of the Affidavit and find that only the Flat No. and names of certain individuals/Corporate Entities being allottees of the said flats have been disclosed in said Annexure. 5. The counsel for the Corporate Debtor further submits that in terms of judgements of the Hon'ble Supreme Court in the matter of Manish Kumar dated 19th January, 2021, his client is not obliged to provide any information to the Applicants-Financial Creditors....
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.... by Counsel for Financial Creditors that out of 189 units sold by the Corporate Debtor, around 80 units are allotted to various corporate entities. He further submitted that two companies namely, Satya Digital Technologies P. Ltd. and Courage Infotech P. Ltd. are together holding 60 (50 + 10) units out of the total of 189 units sold. He submitted that the said corporate entities may be the related parties of the Corporate Debtor. 8. In this connection, we have given considered attention to the submissions made by the counsel as well as the documents placed before us. We have also seen Para No. 163 of the Manish Kumar judgement; the relevant portion of the said Paragraph is reproduced below: "As far as allottees are concerned in ....
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....Real Estate Regulatory Authority, Gurugram (Quarterly Progress Report) Regulations 2018. Regulation 4 provides inter alia that the promoter shall upload on the webpage which he has to create for the project within 15 days from the expiry of each quarter, namely, the list of number and types of apartments/plots booked. Our attention has also been drawn to the format for Quarterly Progress Report to be submitted under Haryana Regulations. A perusal of the report would show that the promoter is obliged to submit the names of the allottees. Obviously, if there is change in the allotment the changed name should be reflected in the Report. This must undoubtedly be ensured by the authorities stringently. We also find merit in the contention of the....
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....asis that the statute will not be worked as contemplated by the law giver. Hence, we reject the contentions of the allottees " 9. It is evident from the aforesaid judgement of the Hon'ble Supreme Court that nowhere in the said judgement the Corporate Debtor has been permitted to withhold the relevant information from the allottees, particularly when the same is otherwise directed to be published on the Website of the Company in terms of RERA Regulation. However, in the case before us admittedly project of the Corporate Debtor is not registered with RERA Authorities, therefore, as of now, there is no feasible way available to the Applicant-Financial Creditors to comply with the requirement of allottees to support his application under....