2023 (8) TMI 1325

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....son). Ms. Swaralipi Deb Roy, Advocate for RP. ORDER Heard Learned Counsel for the appellant as well as Learned Counsel appearing for the Operational Creditor and Learned Counsel for the Resolution Professional. This appeal has been filed against the order dated 16.09.2022 passed by Adjudicating Authority (National Company Law Tribunal, New Delhi Bench, Court-V) by which order Adjudicating Authority has admitted Section 9 application filed by the Operational Creditor. 2. Operational Creditor filed an application under Section 9 claiming to be a contractor appointed by the Corporate Debtor for carrying out the construction and appellant's claim that there are total dues of Rs. 3,88,12,122/-. It is submitted that Adjudicating Authorit....

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....ication. It is submitted that as per the order of the HRERA Authority passed in Section 8 the appellant's have steps into the shoes of the Corporate Debtor and they were required to be heard before any decision is taken to proceed with insolvency. He submits that they also cannot be held liable for any past debt. 6. Learned Counsel appearing for the Operational Creditor submits that there are dues of the Operational Creditor which remained unpaid, it is further submitted that appellant's are not representing the entire project and they are only representing three towers. It is submitted that Adjudicating Authority has rightly admitted Section 9 application. 7. We have considered the submissions of counsel for the parties and perused t....

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....w respective Associations have become promoters of the project. They are like owners in possession of the project. Authority decides to send a copy of this order to the Police Commissioner, Faridabad with a direction that on a request made by respective Association, full police protection should be provided to them and miscreants, if any. who stops the Association from working freely should be proceeded against as per law. iv) SE/XEN/SDO concerned of DHBVN is directed to release temporary connections to respective Associations of Towers Gemini Grove Duplex and Blue Solitaire Tower-C whenever they approach them. v) Associations shall be deemed to have notinherited any liability which may have been incurred by respondent-pro....