National Company Law Appellate Tribunal
Surinder Pal Singh & Ors vs Spaze Towers Private Limited on 27 March, 2023
Author: Ashok Bhushan
Bench: Ashok Bhushan
NATIONAL COMPANY LAW APPELLATE TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Company Appeal (AT)(Insolvency) No. 354 of 2023
&
I.A. No. 1157, 1195 of 2023
IN THE MATTER OF:
Surinder Pal Singh & Ors. ...Appellant
Versus
Spaze Towers Pvt. Ltd. ...Respondent
Present:
For Appellant : No appearance marked.
For Respondent : Mr. Sumesh Dhawan, Ms. Vatsala Kak, Mr. Shaurya
Shyam and Mr. Rabhav Debla, Advocates
ORDER
27.03.2023: This is an appeal against an order dated 26.08.2022 passed by the Adjudicating Authority (NCLT, Court -IV, New Delhi) by which I.A. Nos. 3795/ND/2022 and 3796/ND/2022 have been rejected. The Appellant claimed to be home buyers, who had filed an Application for intervention in a proceeding under Section7 IBC, which was initiated by another home buyer. It is submitted that the Application is still pending for consideration and has not yet been admitted.
Adjudicating Authority, by Impugned Order has rejected the Application on the ground that at the pre-admission stage there is no occasion to permit the Applicant to intervene in the matter.
Learned Counsel for the Appellant submits that on an earlier occasion the Corporate Debtor has settled with home buyers, who filed application to initiate proceeding.
In the present case the Application under Section 7 has not yet been admitted. Adjudicating Authority did not commit any error in rejecting the Intervention Application at pre-admission stage, filed by the Appellant. We do not find any error in the Impugned Order rejecting the application for intervention. However, it shall be open to the Appellant to file appropriate fresh application in the event application is admitted under Section 7 IBC.
Subject to the above, this appeal is dismissed.
[Justice Ashok Bhushan] Chairperson [Mr. Barun Mitra] Member (Technical) akc/nn Company Appeal (AT)(Insolvency) No. 354 of 2023 & I.A. No. 1157, 1195 of 2023 Page 2 of 2