ORDER

Per: BENCH I.A No. 457 of 2022

1. The presentapplication is filed on 10.08.2022 by the applicant seeking to direct the respondent liquidator of M/s Samruddhi Reality Ltd (in liquidation) to register the Flat No. 14B, 14^th Floor in “Samruddhi Sunshine” in favour of the Applicant after receipt of balance amount of Rs. 1,00,000/- from the Applicant and to exclude the said Flat from the Liquidation Estate of the Corporate debtor.

2. The facts of the application as narrated by the applicant is as follows:

a) The Applicant entered into an “Agreement to Sale and Construction” on 04.05.2013 with respect to an apartment in “Samruddhi Sunshine” the Applicant had paid to Respondent 97% of the consideration amounting to Rs. 34,00,000/- out of Rs. 35,00,000/- towards sale and construction of apartment and the same was registered in the name of the Applicant on 04.05.2013. The ‘Agreement of Sale and Construction’ was registered with the Sub-Registrar, Bommanahalli, Bangalore, on 4.05.2013. As per Clause 7 of the agreement the construction of flat/apartment was to be completed within 36 months of signing of the said agreement subject to “force majeure”.

b) It is submitted that without the knowle