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2025 Supreme(Online)(NCLT) 5518
NATIONAL COMPANY LAW TRIBUNAL
Lakshmi Gurung, Hariharan Neelakanta Iyer, JJ
Dipco Pvt Ltd – Appellant
Versus
Ariisto Developers Pvt Ltd – Respondent
C.P.(IB)- 2714(MB)/2018
For the Appellants/Petitioners: Adv. Rahul Sanghvi, Mr. S. U. Kadam, Mr. Y Kamdar, Adv. Amit Pradhan, Adv. Ujwala Deshmukh
For the Respondents: Sr. Counsel Mr. Chetan Kapadia
The Tribunal allows amendments to applications based on newly discovered evidence while ensuring the respondent's rights remain intact.
Headnote:This judgment addresses the application for amendment in I.A. 3947/2023 concerning project completion dates under Section 7 of the IBC. The Tribunal considers subsequent developments arising from RERA and allows the amendment while keeping all rights open for the Respondent. The resolution of the application highlights the Tribunal's stance on procedural amendments in light of new evidence discovered.
NATIONAL COMPANY LAW TRIBUNAL,
MUMBAI BENCH COURT III
Item No. 116
I.A. 3947/2023 I.A. 2922/2023 I.A. 2260/2024
I.A. 597/2025
In
C.P.(IB)- 2714(MB)/2018
CORAM: MS. LAKSHMI GURUNG, MEMBER (J)
SH. HARIHARAN NEELAKANTA IYER, MEMBER (T) ORDER SHEET OF THE HEARING ON 14.08.2025
(HEARING THROUGH: HYBRID MODE)
NAME OF THE PARTIES: Dipco Pvt Ltd
VS
Ariisto Developers Pvt Ltd
Appearance
For Applicant: Adv. Rahul Sanghvi i/b M/s. Sanjay Udeshi & Co
In IA 2922/2023
Senior Counsel Mr. S. U. Kadam, Mr.Y Kamdar,
Adv. Amit Pradhan a/w Adv. Ujwala Deshmukh i/b
Pradhan & Rao in IA 2260/2024, IA 3947/2023
For Respondent : Sr. Counsel Mr. Chetan Kapadia
SECTION 7 OF THE IBC
__________________________________________________________________________
ORDER
I.A. 2260/2024 [Sec.60(5)]
1. This application has been filed by the applicant in I.A. 3947/2023 seeking
following prayers:
a. This Hon'ble Tribunal be pleased to allow the Applicant to
amend the said IA. No. 3947 of 2023 in C. P. No. 2714 of 2019
as per the Schedule at Exhibit "B" hereto;
b. For costs of this application; and c. For such further and other reliefs as this Hon'ble Tribunal may deem fit in the circumstances of the case.
2. Ld. Counsel for the applicant submits that due to subsequent developments and from the RERA website, the Applicant became aware about the new dates regarding the completion of the project. Upon becoming aware of the new updates, Ld. Counsel for the applicant seeks to amend the application in view of the new information discovered by them through RERA website.
3. Ld. Sr. Counsel Mr. Chetan Kapadia appears through VC and submits that:
i. Instead of allowing the amendment in the prayers, the applicant should file a new application.
ii. All the rights and contentions of the respondent must be kept open.
iii. In case this Tribunal is inclined to grant the amendment then the right to file reply to the amended application be granted.
4. Considering all the aspects of the case and the subsequent developments, we are inclined to grant the permission for amendment as sought in the prayers. The applicant is directed to serve the amended application on the respondent and the respondent is at liberty to file reply to the amended application and all the rights and contentions of the Respondent are kept open in the main I.A. 3947/2023.
5. Reply to the amended application to be filed within 3 weeks. Rejoinder, if any, be filed within 1 week thereafter.
6. With the above directions, I.A. is disposed of.
I.A. 597/2025 [Rule 11 of NCLT, 2016]
1. Ld. Counsel for the applicant submits that pursuant to order dated
26.03.2025, he has filed an application dated 28.05.2025 vide diary no 2709138049572025, however, the same is marked defected and is lying under defect.
2. The applicant is directed to coordinate with the Registry for removal of the defects and Registry is directed to cooperate and facilitate the listing of the said application.
I.A. 3947/2023, I.A. 2922/2023 Sd/- Sd/-
HARIHARAN NEELAKANTA IYER LAKSHMI GURUNG Member (Technical) Member (Judicial)
---Shripad---
