Delhi High Court - Orders
Mr. Saten Kapur & Ors vs Union Of India & Ors on 16 April, 2021
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed By:DINESH
SINGH NAYAL
Signing Date:19.04.2021
22:38:35
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4738/2021
MR. SATEN KAPUR & ORS. ..... Petitioners
Through: Ms. Zeba Khair, Advocate.
versus
UNION OF INDIA & ORS. ..... Respondents
Through: Mr. Aditya Karolia, for Respondents
4 to 24
Mr. Anurag Ahluwalia, CGSC .
Mr. Jatin Puniyani, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 16.04.2021
1. This hearing has been done through Video Conferencing. CM APPL. 14611/2021 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4738/2021 & CM APPL. 14610/2021 (for stay)
3. The present petition has been filed by the Petitioners who claim to be home buyers in the project - 'Grand Hyatt Gurgaon Residences', which was being developed by one M/s Ireo Residencies Company Pvt. Ltd. i.e., Respondent No.3. The prayer in the writ petition is that the proceedings under Section 7 of the Insolvency and Bankruptcy Code, 2016 before the NCLT ought to be stayed as the same have been filed by another set of home buyers who are merely seeking refund of the amount which they have deposited with the developer.
4. According to Ms. Zeba Khair, ld. Counsel, if the NCLT's proceedings are permitted to go ahead, the Petitioners would be put to severe jeopardy as there are various investigations and criminal proceedings which are Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:38:35 presently going on and there is a likelihood of the Petitioners' issues being resolved in view of the said proceedings. If a moratorium comes into effect, in the proceedings before the NCLT, the Petitioners' rights would be adversely affected.
5. Mr. Ahluwalia, ld. CGSC appearing for the Union of India and the SFIO, submits that the entire petition is mala fide. He relies upon the orders passed in W.P.(C) 10337/2019 titled Col. Sanjeev Dhawan & Ors. v. UOI & Ors., wherein a similar prayer has been made and submits that the SFIO's audit report against the developer has already been filed in the said writ petition, which is Annexed as P-4 to the present writ petition. The fact that the said report is attached itself shows that the Petitioners in the present petition are in collusion with the Petitioners in the pending writ petition. He submits that the relief being sought in this petition, being identical to the relief sought in W.P.(C) 10337/2019, the present petition is completely mala fide.
6. On behalf of the home buyers who are before the NCLT i.e., Respondent Nos.4 to 24, it is submitted by Mr. Aditya Karolia, ld. Counsel, on the basis of a compilation which has been circulated to the Court, that the Petitioners seem to be put up by one Mr. Sumit Kumar. The said Mr. Sumit Kumar has entered into an agreement with the Petitioners and other similarly placed buyers. As per the agreement, the home buyers and Mr. Sumit Kumar, through his LLP, known as Ghar Samahdan LLP, have together agreed to share the amount which may be recovered from the developer. Various writ petitions have already been filed by Mr. Sumit Kumar/his ex- partner - Mr. Ramesh Sankha, who was the CEO in M/s Ireo Residencies Company Pvt. Ltd., both before the Supreme Court and the Punjab & Signature Not Verified Digitally Signed By:DINESH SINGH NAYAL Signing Date:19.04.2021 22:38:35 Haryana High Court. Ld. counsel has taken the Court through some orders which have been passed in this regard, as also certain agreements.
7. Ms. Zeba Khair, ld. Counsel appearing for the Petitioners, submits that W.P.(C) 10337/2019 relates to a different company of the same Ireo Group and is not connected with the present petition.
8. Before proceeding further in this matter, the power of attorney holder of all the Petitioners, who has filed the affidavit in this petition i.e., Mr. Sumit Kumar, is directed to appear before Court through video conferencing on the next date. Registry and ld. Counsel for the Petitioners shall also intimate Mr. Abhimanyu Bhandari, ld. Counsel, who is stated to be the counsel for M/s Ireo Residencies Company Pvt. Ltd.
9. It is made clear that notice in this matter is yet to be issued formally. However, since counsels are appearing, the submissions are being heard. It is also made clear that there is no stay of the proceedings before the NCLT.
10. List on 11th May, 2020. The file of W.P.(C) 10337/2019 be also sent for the next date.
PRATHIBA M. SINGH, J.
APRIL 16, 2021 Rahul/T