IA (IBC)/180/KOB/2025

IN

CP(IBC)/38/KOB/2023

(Under Sections 60(5) of IBC, 2016)

Memo of Parties

Jomer Symphony Service Apartment

Owners Association

Represented by its Secretary,

Siyadudeen Abdullah, 62 years

S/o Mohammed Abdullah,

Skyline Synergy,

Tower B, Flat No. 6G,

Cheranalloor,

Ernakulam 682034

…Applicant

Versus

1. Jomer Properties and Investment

Private Limited,

Jomer Arcade, 2nd Floor, South Junction,

Chittoor Road, Ernakulam, 682016. 2. Royal Heights Projects Private

Limited,

63/2982, Second floor,

Surabhi Enclave, Sahodaran Ayyappan

Road, Opp Metro Pillar 775,

Kadavanthra, Ernakulam, 682016.

3. K.K.Jose,

VI/396, First Floor, Yenvee Complex,

Temple Road, Near Municipal Park,

Periyar Nagar, Aluva, 683101

…Respondent Order delivered on: 23.07.2025 Coram:

HON’BLE MEMBER (JUDICIAL) : SHRI. VINAY GOEL HON’BLE MEMBER (TECHNICAL) : SMT. MADHU SINHA Appearances:

For the Applicant : Mr Mujahid Y, Advocate For the Respondents No. 1&3 : Mr Sankar P Panicker, Advocate For the Respondents No 2 : Mr Akhil Suresh, Advocate

O R D E R

Per: Coram

1. The present application has been filed by the Applicant, Jomer Symphony Service Apartment Owners Association, under section 60(5) of IBC, 2016 against the Respondents herein for the following reliefs;

i. Direct the 3rd Respondent to admit the claims submitted by these 24 service Apartment owners. Pass such other orders as this Hon’ble Tribunal may deem fit in the facts and circumstances of the case.

ii. Direct the 1^st Respondent and/or 2^nd Respondent and/or 3^rd Respondent to hand over the keys of the glass door to the exclusive entrance lobby and the front door keys of the respective service apartments of these 24 owners, hand over independent access to the exclusive pathway from the road to the building, hand over independent access in the ground floor lobby up to the exclusive lift earmarked for the service apartment owners, ensure uninterrupted access to common facilities and amenities like electricity, air conditioning, water supply, drainage and waste disposal systems etc.

iii. In the alternative the Association may be permitted to take all necessary and appropriate steps for opening the common glass door leading up to the entrance lobby and front doors of their respective Service apartments and ensuring independent access to the exclusive pathway from the road to the Building, and independent access in the ground floor lobby up to the exclusive lift earmarked for the service apartment owners, uninterrupted access to common facilities and amenities like electricity, air conditioning water supply, drainage and waste disposal systems.

iv. Direct the 1st Respondent to provide copies of all required drawings and related documents to enable the Association to take steps for completing all the incomplete works by working in tandem with the Hotel owners and office space owners.

Brief facts of the case: 2. The Applicant herein Association, a registered association comprising 24 service apartment is the Jomer Symphony Service Apartment Owners’

owners in the multi-storeyed building known as Jomer Symphony. The Association was registered with Registration No. EKM/TC/408/2024, dated 18.10.2024, and represents all 24 owners collectively.

3. The said building was developed as a project comprising three distinct segments: a Five-Star Hotel, commercial office spaces, and 40+ service apartments. According to the Construction-cum-Sale Agreements entered into between the builder (Respondent No. 1) and the individual buyers during 2006 2007, the service apartments were to be constructed to Five-

Star standards and amenities.

–

4. Despite the expiry of the stipulated timeline, Respondent No. 1 failed to complete the construction of the service apartments and common amenities or hand over possession. Upon issues raised by the Applicant, Respondent No. 1 proposed that its associate company would lease the service apartments at an agreed rent, assuring completion of the remaining works within one year.

5.

registered documents: (i) a Sale Deed in favou