2025 (2) TMI 1487

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....Mendiratta, Mr. Harshit Gupta, Mr. Sajal Jain, Mr. Anmol Sehgal & Mr. Tarun Mishra, Advocates. ORDER [Per : Justice Rakesh Kumar Jain (Oral)] The Appellant, Owners Welfare Association of Universal Trade Tower ('UTT'), is aggrieved against the order dated 09.02.2023 passed by National Company Law Tribunal, New Delhi Bench (Court-III) ('Tribunal') in IB-456(ND)/2018 and have prayed that the steps being taken by the Resolution Professional in terms of the order passed in CA-500/2019 and IA- 3209/2021 be declared as illegal. 2. Shorn of unnecessary details, M/s Universal Buildwel Pvt. Ltd. (hereinafter referred to as the 'Corporate Debtor') was pushed into the Corporate Insolvency Resolution Process ('CIRP') on 03.07.2018, on an app....

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....udicating Authority by its order dated 03.07.2018; 3. To stay the acts/interference of Resolution Professional in the maintenance of UTT, a completed project and not an asset of Corporate debtor anymore;" 7. There was another application filed by the RP bearing I.A. No. 1473/ 2022 in which he made the following prayers :- "(a) Pass appropriate order with respect to maintain status Quo on the commercial complex namely "Universal Trade Tower" located at Gurgaon Sohna Road, Sector-49, Gurgaon, Haryana having approximately 2.05 Lakhs square feet built up area and 2.53 Lakhs Super Area, (b) Direct Respondent to provide all necessary information required by Resolution Professional. (c) Direct Local administr....

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....rores) Provision under Resolution Plan Status/Comments .... ..... ..... ..... ..... ...... 8 Universal Trade Tower 43 20.9 Rights of allottees to be determined on basis of the outcome of Application CA No. 500/2019 for appointment of local Commission which is pending [pg. 335, Vol-II] Project is complete and occupation certificate has been received. The entire area is fully sold to allottees, there is no asset belonging to Corporate Debtor in the Project. There is overselling due to multiple duplicate sales made by Corporate Debtor which would need to be resolved by the civil court and cannot be addressed in insolvency proceedings. 5. It is submitted that in view of the aforesaid part of th....

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....ng the same. Though the prayer made in the l.A. is for appointment of local Commissioner to verify the position and file the report, we are sanguine that such duty can be performed by the RP himself. In the wake, we deem it appropriate to dispose of the IA with direction that the RP would approach the Deputy Commissioner Gurugram to seek the assistance of the administration, to find the actual position and the Deputy Commissioner would ensure to do the needful. In the event of there being any need to depute police force, the Deputy Commissioner would also do that. Let the RP perform the necessary part of his job in terms of the directions as above. We also hope and trust that the occupants of the units would disclose the c....

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....nce the UTT is not part of the Resolution Plan, the RP would ensure that no part of the same is misused at his hand for any purpose in the process of CIRP." 11. We have perused both the orders passed in IA 3209/2021 and CA 500/2019. The sum and substance of both the orders is that the RP, for the purpose of seeking the information about the units as to whether they are merely occupied as tenants or otherwise and who are the owners of the same, the Tribunal had directed the RP to approach the Deputy Commissioner, Gurugram to seek the assistance of the administration, to find the actual position and a direction has also been given to Deputy Commissioner to provide the same. 12. It has also been ordered that in case that police is also r....

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.... the person in occupation states that he is in possession as a tenant then the same thing can be asked by the RP about the document of the tenancy in his possession. 18. We do not find any error in the Impugned Order in CA 500/2019 because the allegations are that some units are sold multiple times and no title is vested in the person occupying the unit as the owner. In this regard, during the course of hearing, he has pointed out that one of the person, namely, Rajeev Behl who is shown in Unit No.-8A and 21 in Universal Trade Tower has sent an email on 10.05.2024 at 6:50 PM to the RP that he is not the occupant of the said unit. 19. Keeping in view the aforesaid facts and circumstances, the present appeal is hereby dismissed. It is m....