2026 (2) TMI 32

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....t he has not been informed about the outcome of their claim. 2. The background facts may be briefly stated: (a) The appellant claims that they were a joint allottee of flat No.1402 of a certain project promoted by M/s. D.K. Realty. He was also issued an allotment letter dated 09.07.2019. According to the appellants as per the payment schedule, they had paid the entire consideration. It may be stated that the first allottee is the husband of the second allottee. (b) Be that as it may, the Corporate Debtor (CD) did not honor its commitment which exposed it to a CIRP proceeding at the instance of the Association of the Homebuyers. It instituted CP 1170 of 2021. (It may be mentioned here that prior to the institution ....

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....under any disability not to know about the allotment of flat No.1402 to the appellants when the appellants had already communicated the allotment vide e-mail dated 31.12.2022 along with allotment letter and other associated documents? To this it may be added that if the appellants had authorized the Homebuyers' Association vide communication dated 07.08.2021 to institute CP 1170 of 2021, could not the IRP or the RP as the case may be, have known about the allottees in the fray? Has IRP and the RP done their job meticulously. Secondly, can the COC (which at this point of time is the would be SRA) have ignored the appellants as an allottee in the project? 4. Be that as it may, without including the appellants in the list of claimants....

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....d now contend: (a) At all points of time, RP had the opportunity to know that the appellants are allottees and even if a formal claim is not laid, he could have known the fact about allotment of Flat 1402 to the appellant, if only he had done his job meticulously. (b) At any rate, the e-mail dated 31.12.2022 should have alerted the RP to treat the appellant as an allottee. At least his name should have been included in the information memorandum which was prepared subsequently. (c) After the withdrawal of I.A. 36 of 2024 by the RP, he had moved the Adjudicating Authority with I.A. No.2605 of 2024 and I.A. No.2625 of 2024 for condonation of delay in receiving certain claims and to update the same. This Order on the....