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NATIONAL COMPANY LAW TRIBUNAL
Shri. Vinay Goel, Smt. Madhu Sinha, JJ
M/s. MIR Realtors Private Limited – Appellant
Versus
Smt. Annie Abraham – Respondent
| Table of Content |
|---|
| 1. allottees claim exclusion from liquidation. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments against exemption from liquidation. (Para 7 , 8 , 9) |
| 3. analysis of claims and legal frameworks. (Para 10 , 11 , 12 , 13) |
| 4. legal provisions regarding liquidation estate. (Para 14 , 15 , 16) |
| 5. final analysis on claiming property rights. (Para 17 , 20 , 21 , 22) |
| 6. order for claim dismissal. (Para 23 , 24) |
O R D E R
Per: Coram
1. The application has been filed by the allottees of Apartment No. 2103 (Type C) in the 10th Floor ’Haritham’ residential tower in the real-estate project "THE GREENS" of MIR Realtors Private Limited (Corporate Debtor or ’CD’). The Applicants being allottees of the ’Haritham’ residential tower, have been considered as Financial Creditors within the meaning of the Insolvency and Bankruptcy Code, 2016 , and have filed this application under Section 60 (5) and Section 36 (4)(a)(iv) &(b) of the IBC, 2016, seeking the following reliefs: -
a) To direct the 1st Respondent to exclude Apartment No.2103 (Type C), on the 10th Floor, Haritham Towers in MIR Greens Township in Karakulam Village, Thiruvananthapuram, from the Liquidation Estate Assets.
b) To direct the 1st Respo
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