2024 (3) TMI 1109

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....hingra , for R - 2 Mr. Gaurav Mitra , Advocate JUDGMENT ASHOK BHUSHAN , J. This Appeal has been filed challenging the order dated 16.06.2023 passed by National Company Law Tribunal, New Delhi, Court-III in IA No.1531 of 2023, which was filed by the Appellant seeking a direction to admit the claim of the Appellant, which Application was rejected by the Adjudicating Authority. 2. Brief facts necessary for deciding this Appeal are: (i) The Corporate Debtor - M/s Ansal Lotus Melange Pvt. Ltd. allotted two Units to the Appellant vide two allotment letter dated 16.12.2009 in respect of Unit CB-05 and CB-06 in commercial-cum-office complex in City Centre, situated in Mohali. Payment of Rs.1.25 Crores for each Unit was made to ....

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.... dated 16.06.2023 dismissed the Application. Aggrieved by which order this Appeal has been filed. 3. Learned Counsel for the Appellant challenging the impugned order submits that the Appellant's entire claim was required to be admitted as Financial Creditor. Further on advise of the RP, the Appellant has also filed his claim in Form-F, which too was not admitted. There was no occasion to handover the possession to the Appellant on 24.09.2014, since no Occupancy Certificate was issued and Partial Occupancy Certificate was issued only on 18.03.2015. The RP committed error in not admitting the claim. 4. The learned Counsel for the RP refuting the submission of the learned Counsel for the Appellant submits that the Appellant having handed....

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....ange Projects Pvt. Ltd. 1202, Antarisksh Bhawan, 22, K.G. Marg, New Delhi 110001 Tel: 011-66090221/66302875/43564436, Fax: 23322009/ 66303538 SCO 184, Sec 9C, Chandigarh. Tel : 0172-5046532/5035035 Dated : 24-09-2014 To, The Manager, Ansal Lotus Melange Projects Pvt. Ltd. Subject : Handing Over of Commercial Building No.: CB 05 in Project City Centre Sector 115, Mohali. Dear Sir, You are hereby authorized to hand over the physical possession of under mentioned Commercial Building No.: CB 05 to Mr. Ashwani Kumar Kaura R/o Apartment no. T4-802 Orchard County Sector 115 Mohali or his/her/their authorized representative in project City Centre at Sector 115....

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....ed over on 24.09.2014, there is no occasion of acceptance of the claim of the Appellant. The RP has also referred to and relied on order dated 12.10.2022 passed by Civil Judge, SAS Nagar, Mohali in a suit filed by the Appellant against Monga Realtors Pvt. Ltd. & Anr., a broker, through whom the Appellant booked the Units as well as the Corporate Debtor. The Application filed by the Corporate Debtor to stay the proceedings of suit in view of the moratorium imposed with effect from 07.04.2021, was allowed and proceedings in suit was stayed. However, the Appellant's suit against the Agent, through whom the Units were booked was allowed to proceed. The possession letter dated 24.09.2014, which has been extracted above, clearly indicate that pos....