UMA MANSHARAMANI vs RAHEJA DEVELOPERS LTD

Matter is adjourned to 16.07.2025 for the purpose as already fixed.

It has been brought to the notice of the Authority that the Hon’ble NCLT vide order dated 19.11.2024 in IB No. 239(PB)/2023 titled as Vipul Jain and Ors. Vs. M/s. Raheja Developers Limited has imposed moratorium on the company i.e., M/s Raheja Developers Limited. Relevant para of the order is reiterated below: " 6 ORDER 1. In light of the above facts and circumstances, it is hereby ordered as follows:      i. …………      ii. As a consequence of the Application being admitted in terms of Section 7 of the Code, the moratorium as envisaged under the provisions of Section 14(1) of the Code, shall follow in relation to the Respondent/(CD) as per clauses (a) to (d) of Section 14(1) of the Code. However, during the pendency of the moratorium period, terms of Section 14(2) to 14(3) of the Code shall come into force. The counsel for the respondent states that the next date of hearing in the NCLAT in the matter is fixed for 21.03.2025.  In view of the above,  the matter to come up on 23.04.2025 for further proceedings.

The present complaint has been received on 28.09.2023 and the defence of the respondent was struck off vide proceedings dated 18.09.2024. The counsel for the respondent states that CIRP has been initiated against the respondent and matter is presently listed before the NCLAT on 06.01.2025. In view of the above, the matter to come up on  19.02.2025 for further proceedings.

The present complaint has been received on 28.09.2023. The respondent put in appearance through Advocate and marked attendance on 07.02.2024 and 28.02.2024. Despite specific directions for filing of reply, the respondent has failed to comply with the orders of the authority. It shows that the respondent is intentionally delaying the procedure of the court by avoiding filing of reply in the matter. The case has been pending since more than 11 months and there is no justification in delaying the matter further. In view of the above, the defence of the respondent is struck off. However,  in the interest of justice, the respondent may file written arguments within a period of 2 weeks with an advance copy to the counsel for the complainant. Matter to come up on 11.12.2024 for final arguments and orders.

Since the Hon’ble Chairman/Members of the Authority are busy to attend the 2nd Annual Conference AIFORERA to be held from 16.07.2024 to 19.07.2024 at Kodaikanal (Tamil Nadu) hence, the matter is adjourned to 18.09.2024 for the purpose already fixed.

Despite calls none appeared on behalf of the respondent. Reply also not filed on behalf of the respondent. Cost of Rs. 15000/- also not paid. As none is appearing on behalf of the respondent so now the case is listed before the Authority on 17.07.2024 for final arguments.

Neither reply filed nor cost of Rs. 5000/- paid. Adjournment requested which is highly opposed. On the repeated request of learned counsel for respondent the case is adjourned for 27.03.2024 for filing reply subject to additional cost of Rs.10000/- (15000 total) failing which defence of respondent shall be struck off.

Vakalatnama on behalf of respondent filed. Reply not filed.  Adjournment requested. Now come upon 28.02.2024 for filing reply on behalf of respondent subject to the cost of Rs. 5000/- failing which defence of respondent may be struck off.

Present complaint filed on behalf of complainant on 28.09.2023. As per postal tracking report EH5622323651N notice to respondent duly served on 25.09.2023. As per record of registry complainant has sent copy of complaint through speed post as well as through email and proof regarding having the delivery of complaint made to the respondent has been submitted by complainant as available in the file. Registry also sent the notice along with copy of complaint through email at following address: [email protected] same are shown to have been delivered on the above email address.  Despite calls none appeared on behalf of respondent.  In the interest of justice complaint is adjourned for 07.02.2024 for appearance of respondent as well as filing of reply on behalf of respondent subject to last opportunity.   Heard. Keeping in view submissions of learned counsel for complainant now complaint is listed before the authority on 03.04.2024 for further proceedings.