PRABHA MAHESHWARI vs IMPERIA WISHFIELD PVT LTD

The  present complaint has been filed on 21.10.2022 and the reply on behalf of respondent has been filed on 02.05.2023 as well as filed an application under order 1 rule 10 of CPC 1908 for impleadment of M/s Prime IT Solutions Private Limited. The counsel for the respondent states that  the project namely Esfera is a  part two acres land in which  Elvedor project is situated. It has also been brought to the attention of the authority by the respondent that vide order dated 29.05.2024 passed by Hon’ble NCLT, Principal Branch, New Delhi in case no. IB/487/ND/2023 in the matter of Imperia Wishfield Private Limited vide which the petitions have been admitted by the Hon’ble NCLT and moratorium is initiated in terms of Section 14 of the IBC, 2016. That the IRP may continue the CoC with regards to the “Elvedor Project” only. In view of the above, the matter is adjourned sine-die till the outcome of the above proceedings before NCLT. The complainant may file an application for revival as and when the directions for lifting moratorium are issued by the Hon’ble NCLT.

The present complaint has been filed on 21.10.2022 and the reply on behalf of respondent has been filed on 02.05.2023 as well as filed an application under order 1 rule 10 of CPC 1908 for impleadment of M/s Prime IT Solutions Private Limited. On the last date of hearing the counsel for complainants were advised to collect the copy of said application from the registry and has to file the response to the application within period of 15 days. But no response has been filed by the complainant till date. It has been brought to the notice to the Authority that the matter for impleadment of M/s Prime IT Solutions Private Limited is pending before the Hon’ble High Court of Punjab and Haryana, at Chandigarh, in RERA Appeal no. 113/2023, (CR No. 4684 of 2020), wherein the Hon’ble High Court vide its order dated 02.11.2023 has directed not to pass any final order in the present matter and the interim directions shall continue.  The  matter is now fixed for hearing on 19.9.2024 in the Hon’ble High Court.     Since the above case is also identical w.r.t. impleadment of M/s Prime IT Solutions Private Limited and hence the same may be heard after the matter is decided in the Hon’ble High Court or any further directions are received in this regard. In view of the above, the matter is adjourned to 26.09.2024 for further proceedings.

The present complaint has been filed on 21.10.2022. the reply on behalf of respondent has been filed on 02.05.2023 as well as filed an application under order 1 rule 10 of CPC 1908 for impleadment of M/s Prime IT Solutions Private Limited. On the last date of hearing the counsel for complainants were advised to collect the copy of said application from the registry and has to file the response to the application within period of 15 days. And the response has not been filed by the complainant till date. On the last date it has been brought to the notice to the Authority that the matter for impleadment of M/s Prime IT Solutions Private Limited is pending before the Hon’ble High Court of Punjab and Haryana, at Chandigarh, in RERA Appeal no. 113/2023, (CR no. 4684 of 2020), wherein the Hon’ble High Court vide its order dated 02.11.2023 has directed not to pass any final order in the present matter. Since the above case is also identical w.r.t. impleadment of M/s Prime IT Solutions Private Limited and hence the same may be heard after the matter is decided in the Hon’ble High Court or any further directions are received in this regard. In the meanwhile, The counsel for the complainant shall  file response  to the application filed by the respondent for impleadment of M/s Prime IT Solutions Pvt. Ltd. within a period of 15 days after supplying a copy to the counsel for the respondent. In view of the above, the matter is adjourned to 23.5.2024 for further proceedings.