# In the matter of Surjendu Sekhar Kulia & Anr. Vs. The National Company Law Tribunal & Ors. W.P.(C) 3164-2021 & CM APPL. 9606-2021

> HC judgment dated 2021-03-09. Citation: TCN-2021-HC-00031. The petitioners, home buyers in Respondent No. 3's housing project, filed a petition seeking early…

- **Court:** HC
- **Order date:** 9 Mar 2021
- **Citation:** TCN-2021-HC-00031
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-chandigarh-bench/surjendu-sekhar-kulia-anr-vs-the-national-company-law-tribunal-ors-wp-658240ef

## Summary

### Background

The petitioners, home buyers in Respondent No. 3's housing project, filed a petition seeking early adjudication of their application (I.A. 2479/2020 in C.P. (IB) No. 1248/(PB)/2018) before the NCLT. Respondent No. 3 is undergoing CIRP proceedings. The petitioners are aggrieved because they have not received possession of their flat despite moving an application before the NCLT, and the matter has been adjourned multiple times. Other buyers are stated to have been given possession.

## Facts

The Petitioners are home buyers in Respondent No.3's housing project. Respondent No.3 is undergoing CIRP proceedings before the NCLT. The Petitioners are aggrieved by the fact that they have not received possession of their flat, despite moving an application before the NCLT. The matter has been adjourned from time to time. Other buyers are stated to have been given possession. The Petitioners filed an application (I.A. 2479/2020 in C.P. (IB) No. 1248/(PB)/2018) seeking early adjudication before the NCLT. The petitioners' application under Section 60(5) of the IBC has been pending.

## Issues and analysis

### Issue 1: Whether the Petitioners are entitled to early …

**Ratio:** Section 64 of the IBC allows a party to make an application to the NCLT for any order or

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**Reasoning:** The court considered the grievance of the petitioners and the fact that their application

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**Interpretation:** The court interpreted the provisions of the IBC to allow the petitioners to

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**Application:** The court applied the ratio to the facts of the case and permitted the

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## Parties

- **Judges:** PRATHIBA M.…
- **Appellants:** SURJENDU SEKHAR…
- **Respondents:** THE NATIONAL…

## Timeline

- **2021-03-09 — Order Da…**: The Court disposed of the petition, permitting the Petitioners to approach the NCLT for…
- **2018-01-01 — Application…**: The Petitioners' application being I.A. 2479/2020 in C.P. (IB) No.1248/(PB)2018 was filed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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