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IN THE HIGH COURT OF DELHI AT NEW DELHI
DHARMESH SHARMA
Suresh Kumari – Appellant
Versus
Registrar of Companies – Respondent
ORDER :
CM APPL. 9251/2025
1. This application under Section 151 of the Code of Civil Procedure, 1908 [“CPC”], is moved at the behest of respondent No.4/ Greenopolis Welfare Confederation [“GWC”] seeking the following reliefs:
“a. Pass necessary directions to the authorities / investigating agencies to act in conformity of the binding judicial orders of the Hon’ble Supreme Court and the other judicial forums (Ld. NCLT / this Hon’ble Court) in relation to Greenopolis project and shall not entertain any complaint / case which seeks to reagitate issues which have already been conclusively decided by the judicial forums by rejection of similar issues / allegations in other proceedings.
b. Pass necessary directions / orders to Orris Infrastructure Pvt Ltd to immediately and forthwith handover the possession of flats /units in Phase-I of the Greenopolis Project to the persons who paid monies to Orris and a local commissioner be appointed to monitor the process of tendering of units by Orris Infrastructure Pvt. Ltd.
c. Pass any other order/s which this Hon’ble Court may deem fit in facts and circumstances of the present case.”
2. In a nutshell, GWC claims to be an Association ofMembers/Homebuye
Homebuyers who paid directly to the developer are entitled to possession of completed flats, irrespective of claims from other parties.
The High Court cannot interfere with ongoing insolvency proceedings under the Insolvency and Bankruptcy Code, emphasizing the need for petitioners to pursue remedies within that framework.
The Tribunal held that applicants who withdrew from a real estate project and obtained Recovery Certificates cannot pursue corporate insolvency under IBC, thus failing to meet the mandatory allottees....
The court ruled that the Corporate Insolvency Resolution Process cannot be limited to a single project, as all financial creditors' claims must be considered.
The court emphasized that insolvency proceedings should not be exploited to evade liabilities, confirming the necessity to protect homebuyers' interests and investigate corporate fraud.
The Developer's failure to deliver possession constitutes unfair trade practice, mandating refund and compensation.
Indefinitely - The complainants cannot be made to wait for an indefinite time and suffer financially.
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