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2025 Supreme(Online)(NCLT) 1283

NATIONAL COMPANY LAW TRIBUNAL
Shri Prabhat Kumar, J, Shri V.G. Bisht, Hon’ble Member (Judicial)
Chaitanya Nagar Omkar Co - operative Housing Society Limited – Appellant
Versus
Mr. Harshad Shamkant Deshpande – Respondent


Advocates:
For the Applicant: Present
For the Respondent: Adv. Mr. Shadab Jan, Adv. Mr. Joshua Borges

Table of Content
1. application filed for exclusion of development rights. (Para 1 , 2 , 3)
2. development agreement details and breaches. (Para 4 , 5 , 6)
3. termination of the development agreement affects rights. (Para 14 , 15 , 16)
4. court's decision on exclusion of development rights. (Para 18)
5. final decision on the application. (Para 19)

ORDER

1. This Application No.2784 of 2024 is filed by Chaitanya Nagar Omkar Co - operative Housing Society Limited (“Applicant”) in the Corporate Insolvency Resolution Process of A A Estates Private Limited to seek direction to the Resolution Professional in terms of Section 60(5) of Insolvency and Bankruptcy Code, 2016. The Applicant seeks the following relief:

a. Declare that the development rights of land bearing no. 06, Survey No. 383, C.T.S No. 154 (pt) of ViHage Bandra (East), I ward, admeasuring 760.24 sq. mtrs., lying, being and situated at Chaitanya Nagar, Vakola Bridge, Santacruz (East), Mumbai - 400 055 do not form the part of the assets of the Corporate Debtor;

b. Direct the Respondent to cause the exclusion of the Applicant and its land being land bearing no. 06, Survey No. 383, C.T.S No. 154 (pt) of Village Bandra (East), I ward, adm

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