The appeal arises from an order dated 14.06.2023 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench-III) in I.A. No. 1146/2022 and I.A. No. 3234/2023 in C.P. (IB) No. 1348/ND/2019. The Adjudicating Authority dismissed IA No. 1146 of 2022 filed by the Appellants (Home Buyers) as infructuous and allowed I.A. No. 3234 of 2023 filed by the Resolution Professional (RP), granting the RP liberty to take necessary steps regarding the payment of maintenance charges, including electricity charges. The Appellants-Home Buyers are aggrieved by this order.
Earthcon Infracon Pvt. Ltd., the Corporate Debtor, was developing a residential project named 'Sanskriti'. In 2019, CIRP was initiated against the Corporate Debtor. The Resolution Professional (RP) was appointed to manage the Corporate Debtor's operations. Home Buyers in the 'Sanskriti' project were paying maintenance fees. There was an outstanding electricity bill payable to Noida Power Corporation Limited (NPCL). The Committee of Creditors (CoC) resolved on 21.01.2022 to increase the maintenance rate from Rs. 1 to Rs. 2 per sq. ft. plus GST to cover electricity charges. The Appellants (Home Buyers) filed IA No. 1146/2022 challenging this increase. The RP filed IA No. 3234/2023 seeking permission to disconnect electricity to non-paying residents. The Adjudicating
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Corporate Insolvency Resolution Proceedings…
Committee of Creditors (CoC) resolved to…
The appeal arises from an order dated 14.06.2023 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench-III) in I.A. No. 1146/2022 and I.A. No. 3234/2023 in C.P. (IB) No. 1348/ND/2019. The Adjudicating Authority dismissed IA No. 1146 of 2022 filed by the Appellants (Home Buyers) as infructuous and allowed I.A. No. 3234 of 2023 filed by the Resolution Professional (RP), granting the RP liberty to take necessary steps regarding the payment of maintenance charges, including electricity charges. The Appellants-Home Buyers are aggrieved by this order.
Earthcon Infracon Pvt. Ltd., the Corporate Debtor, was developing a residential project named 'Sanskriti'. In 2019, CIRP was initiated against the Corporate Debtor. The Resolution Professional (RP) was appointed to manage the Corporate Debtor's operations. Home Buyers in the 'Sanskriti' project were paying maintenance fees. There was an outstanding electricity bill payable to Noida Power Corporation Limited (NPCL). The Committee of Creditors (CoC) resolved on 21.01.2022 to increase the maintenance rate from Rs. 1 to Rs. 2 per sq. ft. plus GST to cover electricity charges. The Appellants (Home Buyers) filed IA No. 1146/2022 challenging this increase. The RP filed IA No. 3234/2023 seeking permission to disconnect electricity to non-paying residents. The Adjudicating
…Corporate Insolvency Resolution Proceedings…
Committee of Creditors (CoC) resolved to…