# In the matter of Vinod Kumar Jha Directors (power Suspended) Of Ajnara Realtech Vs Sachin Dhiman & Ors.

> NCLAT judgment dated 2024-05-03. Citation: TCN-2024-NCLAT-00460. This is an appeal filed against an impugned order dated 2024-04-15 passed by the Adjudicating…

- **Court:** NCLAT
- **Order date:** 3 May 2024
- **Citation:** TCN-2024-NCLAT-00460
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/vinod-kumar-jha-directors-power-suspended-of-ajnara-realtech-vs-sachin-dhiman-or-a0cc3643

## Summary

### Background

This is an appeal filed against an impugned order dated 2024-04-15 passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi Bench, Court – IV), by which a Section 7 application of the Homebuyers has been admitted. The appellant contends that RERA had already passed an order under Section 8 of the RERA Act, issuing directions for the construction of the project and constituting a monitoring committee. The Adjudicating Authority had noted this order but allegedly did not consider the letter and spirit of the RERA order when admitting the Section 7 application.

## Facts

Vinod Kumar Jha, representing the Directors (Powers Suspended) of Ajnara Realtech Ltd., filed an appeal against an order by the Adjudicating Authority (NCLT) that admitted a Section 7 application by homebuyers. The appellant argued that RERA had already passed an order under Section 8 of the RERA Act, directing the construction of the project and establishing a monitoring committee. The Adjudicating Authority was aware of the RERA order. The appellant contends that the Adjudicating Authority did not give due consideration to the RERA order when admitting the Section 7 application. The respondent's counsel argued that the RERA order had conditions for deposit of amounts by the promoters, and there was no material to indicate that said amounts were deposited. Another

…

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority erred in admitting the Section 7 application without adequately …

**Ratio:** The principle is that adjudicating authorities must consider all relevant factors and

…

**Reasoning:** The court noted the appellant's submission that the Adjudicating Authority did not refer

…

**Interpretation:** This issue involves interpreting the scope of the Adjudicating Authority's

…

**Application:** The ratio applies to the facts by requiring the NCLAT to determine whether the

…

## Parties

- **Judges:** Ashok Bh…; Barun M…; +1 more
- **Appellants:** Vinod Kum…
- **Respondents:** Ajnara Realtech…; Sachin D…

## Timeline

- **2024-04-15 — Impugned Ord…**: Date of the order passed by the Adjudicating Authority (NCLT) admitting the Section 7…
- **2023-06-30 — RERA Ord…**: RERA passed an order under Section 8 of the RERA Act, issuing directions for the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/vinod-kumar-jha-directors-power-suspended-of-ajnara-realtech-vs-sachin-dhiman-or-a0cc3643