Registered apartment owners' associations entitled to statutory handover of maintenance from promoter's agency under UP Apartment Act, 2010 S.14(5).

ORDER

ASHOK BHUSHAN, J.

These two applications have been filed by M/s. Supertech Ecociti Apartment Owners Association and M/s. 34 Pavilion Apartment Owners Association in Comp. App. (AT) (Ins.) No. 406/2022 praying for certain directions. Notices were issued in the applications and reply has been filed, both by the Interim 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 the case and in the interest of justice.”

2. The appellant’s case in the application is that applicant is a registered Association of homebuyers represented through its President of the Association of homebuyers residing in residential buildings called Supertech Ecociti Apartment located at Sector 137, Noida, Gautam Buddha Nagar, Uttar Pradesh. It is pleaded that Appellant Association is registered association within meaning of Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Act, 2010. Registration certificate was issued on 03.01.2022. Board resolution dated 10.08.2025 was passed, which is relied for filing the application. It is pleaded that there are 2,147 flats and about 99% of the owners have taken possession and living in the society, since 2015. Applicant requested the Noida Authority for facilitating handing over the maintenance and IFMS funds in favour of the applicant and also made representation to the management of YG Estates Facilities Management Pvt. Ltd. which was handed over the maintenance by the corporate debtor. Noida Authority wrote a letter on 18.10.2023 to M/s. Supertech Ltd. for taking steps for handover the management within 15 days. A recommendation was also made to the IRP on 01.07.2025 for facilitating handing over the maintenance. Reliance has been placed by the appellant on provisions of Uttar Pradesh Apartment (Promotion of Construction Ownership and Maintenance) Act, 2010. Reliance has been placed on the order dated 19.09.2024 passed by this Tribunal on an application I.A. No. 4306/2023 filed by Cape Town Association of Apartment Owners, where this Tribunal has directed the YG Estates to handover the maintenance to registered association of Cape Town. Further, reliance has been placed on order passed in I.A. No. 8083/2024 in the case of Supernova Apartment Owners Association where order dated 18.03.2025 was passed.

3. Learned counsel for the Interim Resolution Professional (IRP) has submitted that Court may consider the prayers and in event direction is passed to handover the maintenance, appropriate steps shall be taken by the IRP.

4. Learned counsel for respondent No. 2 – YG Estates Facilities Managem