NATIONAL COMPANY LAW APPELLATE TRIBUNAL
ASHOK BHUSHAN, J
Navin M. Raheja – Appellant
Versus
Vipul Jain – Respondent
| Table of Content |
|---|
| 1. section 7 petition admitted for project allottees' default claims. (Para 1 , 2) |
| 2. tribunal confines cirp to project, directs oc and possession. (Para 3 , 4 , 5) |
| 3. parties argue on cirp scope, resolution, and continuation. (Para 6 , 7 , 8 , 9 , 10) |
| 4. debt and default proven, upholding nclt admission. (Para 11 , 12 , 13) |
| 5. cirp confined to specific real estate project. (Para 14 , 15 , 16 , 17 , 18) |
| 6. no cirp closure; allows 12a withdrawal if settled. (Para 19 , 20 , 21 , 22 , 23) |
JUDGMENT
ASHOK BHUSHAN, J.
This Appeal by Suspended Director of the Corporate Debtor (“CD”) has been filed challenging the order dated 19.11.2024 passed by National Company Law Tribunal, Principal Bench, New Delhi admitting Section 7 petition filed by Respondent Nos.1 to 43 – Financial Creditors in a class and allottees of project ‘Raheja Shilas (Low Rise)’, situated at Sector 109, Gurugram, Haryana being developed by the CD – M/s Raheja Developers Ltd.
2. Brief facts giving rise to the Appeal are:
(i) The CD – M/s Raheja Developers Ltd. lodged residential project namely – ‘Raheja Shilas (Low Rise)’. The CD has also obtained the license from Directorate of Town Country Planning, Haryana (“DTCP”
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