Delhi High Court - Orders
Col. P.K. Uberoi (Retd.) & Anr vs Vigneshwara Developwell Pvt. Ltd & Ors on 26 May, 2023
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~CP-11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CO.PET. 885/2015 & CO.APPL. 526/2021, CO.APPL. 168/2022,
CO.APPL. 407/2022, CO.APPL. 691/2022, CO.APPL. 270/2023,
CO.APPL. 271/2023
COL. P.K. UBEROI (RETD.) & ANR. ..... Petitioners
Through: Mr. Mannu Singh, Advocate.
versus
VIGNESHWARA DEVELOPWELL PVT. LTD & ORS.
..... Respondents
Through: Mr. Shubhendu Bhattacharya,
Advocate for OL.
Mr. Bharat Gupta, Advocate for
Investors Sanghars Samiti.
Mr. Anish Chawla, Advocate for R-4.
Mr. Aseem Atwal, Advocate with
Col. Puneet Dadeech, non-party
allottee.
Mr. Aman Gupta, Advocate for
Applicant in CO.APPL. 347/2023.
Ms. Nimisha Dahiya, Advocate for
ex-management.
Mr. Sunil Kr. Tiwari and Mr. S.
N.Tripathy, Advocates for VBIA.
Ms. Roopali Chaturvedi & Ms.
Akansha Srivastava, Advocates for
Applicant in Co. Appl. 281/2023.
Mr. Aman Nandrajog and Mr. Dhruv
Wadhwa, Advocates for Applicant in
CO.APPLs. 368/2021, 526/2021,
407/2022, 691/2022.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/09/2023 at 09:54:17
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 26.05.2023 CO.APPL. 272/2023, CO.APPL. 273/2023, CO.APPL. 274/2023 and CO.APPL. 281/2023 (for condonation of delay in filing the claim petition before the Official Liquidator)
1. For the grounds and reasons stated therein, the applications are allowed and delay in filing the claim petition(s) is condoned.
2. Applicants are permitted to file their claim in the requisite format before the Official Liquidator ("OL") along with photocopies of documents if any, within a period of four weeks from today, which shall be decided in accordance with law, within a period of thirty days from receipt of such claim. In the event the OL requires to verify the original copies of the submitted documents, the same shall be sought and supplied by the Applicants.
3. It is pointed out by counsel for Applicants that there are several other persons who have been unable to file their claims within the stipulated time and thus, it is requested that the period for submission of claims to the OL be extended.
4. In view of the above, a direction is issued to the OL to extend the timeline for accepting all claims pertaining to Company in liquidation, by 21 days from today. Notice to that effect be published on the website or by any other means as considered appropriate by the OL. Upon such publication, the claimants shall produce photocopies of the relevant documents with their claim petitions, with a caveat to produce the originals as and when sought by the OL.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:54:17
5. With the above directions, applications are disposed of.
6. All rights and contentions of the parties are left open.
CO.APPL. 173/2023 (u/Section 392 of Companies Act, 1956, r/w Rule 9 of the Companies Rules, 1959, on behalf of Ex-Management)
7. Let the copy of this application be served to counsel representing Investors Sangarsh Samiti, Vigneshwara Victims Welfare Association Allottees and Vigneshwara Barter Investors' Association.
8. Re-notify on 23rd August, 2023.
CO.APPL. 347/2023 (for directions)
9. Issue notice to the Directors of the Company (In Provisional Liquidation), by all permissible modes, upon filing of process fee, returnable on 23rd August, 2023.
CO.APPL. 368/2021 (seeking release of a sum of INR 1,73,08,706/-)
10. Part payments have been towards the dues that are subject matter of the present application. The amounts claimed have been verified by the OL, and as on date, an amount of Rs. 1,23,08,706/- is due and payable as per the OL.
11. Considering the above, it is directed that an amount of Rs. 25 lakhs be released to the Applicant from the Common Pool Fund subject to realisation of dues from the sale of the assets.
12. Re-notify on 23rd August, 2023.
SANJEEV NARULA, J MAY 26, 2023 as This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/09/2023 at 09:54:18