# In the matter of Dinesh Kumar vs Narendra Kumar Sharma & Ors.

> NCLAT judgment dated 2024-07-25. Citation: TCN-2024-NCLAT-00295. The case involves an appeal against an order where the Adjudicating Authority did not…

- **Court:** NCLAT
- **Order date:** 25 Jul 2024
- **Citation:** TCN-2024-NCLAT-00295
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/dinesh-kumar-vs-narendra-kumar-sharma-ors-141ef20b

## Summary

### Background

The case involves an appeal against an order where the Adjudicating Authority did not entertain an application, and a Section 7 application was admitted. The appellant offered to deposit Rs. 22,10,43,647, which was the amount in default towards the principal, including delay charges. The respondent opposed the submission, stating that they want their units after project completion and did not accept the appellant's prayer. There are issues regarding land that were never resolved by the promoters, and the RERA registration was cancelled in 2019.

## Facts

Dinesh Kumar, the appellant, filed an appeal against an order where the Adjudicating Authority did not entertain an application, and a Section 7 application was admitted. The appellant offered to deposit Rs. 22,10,43,647, representing the default amount towards the principal, including delay charges at Rs. 9 per sq. ft. The respondents, Narendra Kumar Sharma & Ors., opposed the appellant's submission, stating that they want their units after project completion and did not accept the appellant's prayer. They also highlighted unresolved land issues and the cancellation of RERA registration in 2019. The appellant claimed readiness to complete the project and remove bottlenecks, promising to submit a proposal. The court noted that the promoters have no right to deal

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## Issues and analysis

### Issue 1: Whether the Appellant should be given an opportunity to deposit the amount of Rs. 22,10,43,647/- …

**Ratio:** The interest of justice warrants giving the Appellant an opportunity to deposit the

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**Reasoning:** The court reasoned that allowing the Appellant to deposit the amount and submit a

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**Interpretation:** This involves interpreting the principles of natural justice and fairness in

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**Application:** The court applied this principle by granting the Appellant 30 days to deposit

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## Parties

- **Judges:** Ashok Bh…; Arun Ba…
- **Appellants:** Dinesh…
- **Respondents:** Narendra Kumar…

## Timeline

- **2019-01-01 — RERA Registration…**: RERA registration was…
- **2024-07-25 — Order Da…**: Learned Counsel for the Appellant submits that Appellant by I.A. 2497/2024 has offered to…

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