# In the matter of Amrapali LA-Residentia Flat Buyers
Welfare Association (ALRFBWA)
Vs.
LA Residentia Developers Pvt. Ltd.
(Under CIRP) & Anr. Company Appeal (AT) (Insolvency) No. 704 of 2022
& I.A. No. 1947 of 2022

> NCLAT judgment dated 2022-07-07. Citation: TCN-2022-NCLAT-00385. The case involves an appeal filed by Amrapali LA-Residentia Flat Buyers Welfare Association…

- **Court:** NCLAT
- **Order date:** 7 Jul 2022
- **Citation:** TCN-2022-NCLAT-00385
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/amrapali-la-residentia-flat-buyers-welfare-association-alrfbwa-vs-la-residentia-e18287c8

## Summary

### Background

The case involves an appeal filed by Amrapali LA-Residentia Flat Buyers Welfare Association (ALRFBWA) against LA Residentia Developers Pvt. Ltd. (under CIRP). The Applicant/Appellant sought leave to file the appeal. The IRP's conduct in not filing the application for withdrawal of the Section 9 Application under Section 12A, when the parties had already settled, is questioned.

## Facts

Amrapali LA-Residentia Flat Buyers Welfare Association (ALRFBWA) filed an appeal against LA Residentia Developers Pvt. Ltd., which is undergoing Corporate Insolvency Resolution Process (CIRP). The appellant sought permission to file the appeal. The court noted that the parties had settled, yet the Interim Resolution Professional (IRP) did not file an application for withdrawal of the Section 9 application under Section 12A. Form-F was submitted, communicating the settlement. The court granted leave to file the appeal and directed the IRP to file an affidavit explaining why the withdrawal application was not filed despite the settlement.

## Issues and analysis

### Issue 1: Whether there is sufficient cause to grant liberty …

**Ratio:** The court has the discretion to grant leave to file an appeal if sufficient cause is

…

**Reasoning:** The court was satisfied that there was sufficient cause to grant liberty to the Applicant

…

**Interpretation:** This means the court found the reasons presented by the applicant compelling

…

**Application:** The court applied this principle by examining the appellant's reasons for

…

## Parties

- **Judges:** Ashok Bh…; M. Satyanarayana…; +1 more
- **Appellants:** Amrapali La-Reside…
- **Respondents:** La Residentia…

## Timeline

- **2022-07-07 — Order regarding I.A.…**: The court allowed the application…
- **2022-07-11 — Appeal Li…**: The appeal was listed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 12A — (1) Subject to sub](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-12a)

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