The appeals arose from two orders passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh. The Corporate Debtor, Vatika Ltd., was developing a project 'Aspirations' and had allotted plots to the appellants (homebuyers). Despite payments, the appellants could not take possession or obtain conveyance deeds due to the non-issuance of No Objection Certificates (NOCs) by IDBI Trusteeship Services Ltd., the Financial Creditor. IDBI filed a Section 7 application to initiate CIRP against Vatika Ltd. The appellants, in turn, filed an application under Section 65 of the I&B Code, alleging that IDBI's Section 7 application was fraudulent and malicious due to the non-issuance of NOCs, which they claimed induced default and prejudiced homebuyers.
Vatika Ltd., the Corporate Debtor, was developing a project named 'Aspirations' in Gurugram and obtained a registration certificate from Haryana RERA on 23.12.2022.
Appellants (Mr. Hemant Yadav, Mr. Rakesh Vasandani, Mr. Pratul Kumar Madan, Mr. Mukesh Yadav) were allotted plots (No. 39, 38, 31, 42 respectively) by Vatika Ltd. and executed allotment letters and agreements for sale on 17.10.2023.
Appellants made payments to the Corporate Debtor but were unable to take possession or get conveyance deeds due to the non-issuance of No Objection Certificates (NOCs).
IDBI Trusteeship Services Ltd. (Respondent No.1), a Financial Creditor, filed a Section 7 application (CP(IB) No. 45/Chd/Hry/2024) in June 2024 for initiation of CIRP against Vatika Ltd. due to default.
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Debenture Tru…
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The appeals arose from two orders passed by the Adjudicating Authority (National Company Law Tribunal), Chandigarh. The Corporate Debtor, Vatika Ltd., was developing a project 'Aspirations' and had allotted plots to the appellants (homebuyers). Despite payments, the appellants could not take possession or obtain conveyance deeds due to the non-issuance of No Objection Certificates (NOCs) by IDBI Trusteeship Services Ltd., the Financial Creditor. IDBI filed a Section 7 application to initiate CIRP against Vatika Ltd. The appellants, in turn, filed an application under Section 65 of the I&B Code, alleging that IDBI's Section 7 application was fraudulent and malicious due to the non-issuance of NOCs, which they claimed induced default and prejudiced homebuyers.
Vatika Ltd., the Corporate Debtor, was developing a project named 'Aspirations' in Gurugram and obtained a registration certificate from Haryana RERA on 23.12.2022.
Appellants (Mr. Hemant Yadav, Mr. Rakesh Vasandani, Mr. Pratul Kumar Madan, Mr. Mukesh Yadav) were allotted plots (No. 39, 38, 31, 42 respectively) by Vatika Ltd. and executed allotment letters and agreements for sale on 17.10.2023.
Appellants made payments to the Corporate Debtor but were unable to take possession or get conveyance deeds due to the non-issuance of No Objection Certificates (NOCs).
IDBI Trusteeship Services Ltd. (Respondent No.1), a Financial Creditor, filed a Section 7 application (CP(IB) No. 45/Chd/Hry/2024) in June 2024 for initiation of CIRP against Vatika Ltd. due to default.
…Debenture Tru…
The Corporate Debtor, Vatika Ltd.,…
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