TaxTMI 
TaxTMI 
2026 (2) TMI 1162
X X X X Extracts X X X X
X X X X Extracts X X X X
....erim Resolution Professional (IRP) as well as the YG Estates Facilities Management Pvt. Ltd., the respondent No. 2 in the application. 2. We have heard learned counsel for the applicants as well as learned counsel for the IRP and learned counsel for the respondent No. 2. We proceed to notice the respective prayers and submissions made therein in following manner; I.A. No. 5459/2025 1. This application has been filed by Supertech Ecociti Apartment Owners Association praying for following reliefs: "i. Direct handing over maintenance and IFMS charges to the Applicant, namely Supertech Ecociti Apartment Owners Association, forthwith, upon preparation of an inventory, and inspection of all deficiencies thereof; ii. Direct the Interim Resolution Professional (IRP) & the Y G Estates Failities Management Pvt. Ltd. to complete accounts, clear statutory dues and liabilities till the period of handing over, and make available book of accounts, financial records and expenditure statements for the entire period of its operations; and/or iii. Pass such other or further order/orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of....
X X X X Extracts X X X X
X X X X Extracts X X X X
....es Facilities Management Pvt. Ltd., in paragraph 22, following has been stated: "22. Without prejudice to the foregoing, YG states that it has no objection to transferring the maintenance responsibilities to a duly constituted Association, provided that all outstanding dues for services already rendered are fully discharged." 5. Learned counsel Mr. Milan Singh Negi appearing for respondent No. 2 has raised objection regarding maintainability of the application relying on Rule 55 of the Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Rules, 2010 (for short the 2010 Rules). It is submitted that it is not in compliance of Rule 55, application does not carry any seal of the Association and there is no attestation on behalf of the Association by two members of the Board and the Secretary or any other person. Application thus is not maintainable and liable to be rejected. It is further submitted that for transferring the maintenance not the occupancy certificate is required but completion certificate is required under 2010 Rules. Learned counsel for respondent No. 2 further submits that constitution of the Applicant Association is in contraventio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....accounts of Supertech Ecociti CAM and other funds received from/for Supertech Ecociti, along with the cash flow. by a CA appointed by SEAOA. All records will be made available at the premises of Supertech Ecociti for audit, which will be completed within a time-bound manner of 60 days from the date of handing over of documents." 8. Submission which has been pressed by the counsel for the respondent is that application is not in accordance with Rule 55 of the 2010 Rules. Rule 55 of 2010 Rules, provides as follows: ""55. Seal of the Association - The Association shall have a common seal which shall be in the custody of the Secretary and shall be used under the authority of a resolution of the Board and every Deed of Instrument to which seal is affixed shall be attested for and on behalf of the Association by two members of the Board and the Secretary or any other person authorised-by the Association." 9. Rule 55 deals with seal of the association it provides that the Association shall have a common seal which shall be in the custody of the Secretary and shall be used under the authority of resolution of the Board and every Deed of Instrument to which seal is affixed sh....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... have also noticed the provisions of Section 4 of the 2010 Act. Section 14(5) provides that on formation of the association of the apartment owners under section sub-Section (2) above, the management of the affairs of the apartments regarding their common areas and facilities shall be deemed to be transferred from the promoters to the association which shall thereupon maintained them. Thus, the law clearly envisaged, handing over possession, handing over common area and facilities to the association after registration of association. When the statute obliged the promoter to handover the facilities to the association and there is deeming fiction, we are of the view that YG Estates which is nothing but a related party to the corporate debtor and agency nominated by the corporate debtor to carry out the maintenance cannot refuse handover such maintenance to the association." 12. The applicant has pleaded that 99% flats owners are residing in the building and Association has been registered on 03.01.2022. Applicant has written to the Noida Authority which has also directed the corporate debtor M/s. Supertech Ltd. to take steps to handover the maintenance to the registered Associatio....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ation, if the promoter does not join even after one month's notice given by the apartment owners or 33% of the apartment owners, whichever is more. It is clarified that the completion of all infrastructure services and completion of all infrastructure services and completion certificate from local authority will not be a ground to deny the registration, as the issuance of completion certificate depends on the steps to be taken by the promoter. The delay caused by him in obtaining such certificate will defeat the object of formation of the society and the enforcement of the rights and liabilities of the promoter and the apartment owners. In such case the society will be registered provisionally under the certificate to be given by the competent authority as defined in Rule 2 (c) of the Act, who will give a time period to the promoter to provide all infrastructure services and to obtain completion certificate, failing which the promoter will invite punishment for the offence as prescribed under Section 25 of the Act including the punishment of imprisonment under Section 25(1) of the Act." 14. We may observe that once registration has been granted under the Uttar Pradesh Apartment ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....registered namely 34 Pavilion Apartment Owners Association, which registration certificate has been renewed on 01.03.2025. Noida Authority has also written to the M/s. Supertech Ltd. vide letter dated 06.08.2025, where request of the applicant was noticed to handover the maintenance of common areas and amenities. 4. Learned counsel for the respondent No. 2 has objected to the application stating that there is no Board resolution. It is submitted that there are 4 towers and only 2 towers have partial occupancy certificate, common area facilities are common. The application has been filed by one Naresh Chand Pandey claiming as authorised signatory and President of the Association. Application is duly supported by the affidavit. 5. Learned counsel for the applicant during submissions submitted that the Board resolution was passed on 07.09.2025 before filing of the application but the said could not be brought on record. It is submitted that President of the Association is fully authorised to take steps. 6. Learned counsel for the respondent has relied on Rule 55 of 2010 Rules. We have already dealt the above objection of the respondent No. 2 relying on Rule 55 of 2010 Rules w....