SUDHIR DHINGRA vs RADHA ESTATES PVT. LTD. ,ORRIS INFRASTRUCTURES PVT. LTD. & THREE C SHELTERS PVT. LTD.

Due to lack of coram, the matter is adjourned to 04.02.2025 for the purpose as already fixed.

Due to lack of Coram, the matter is adjourned to 03.12.2024 for the purpose as already fixed.

Since the matter is pending in Civil Appeal No.6792-6793 of 2023 before Hon’ble Supreme Court and  CWP No.2926/2022 is pending before the Hon’ble Punjab and Haryana High Court,  hence this matter  is adjourned to 27.08.2024 for the purpose already fixed.

The present complaint has been received on 19.10.2022. The reply has been filed by the respondent no.1 on 22.08.2023. However, No reply has been filed by R.2 & R.3 so far. However, the respondent no.1 has filed an application on 16.02.2023 for rejection of complaint under order 7 rule 11, Civil Procedure Code, 1908 stating that the complainant herein has already filed a complaint before Hon’ble NCLT.  He had also placed on record a copy of order dated 13.10.2023 passed in Civil Appeal bearing diary No.36252/2023 titled as Greenopolis Welfare Confederation Vs. Rakesh Kumar Gupta & others filed before the Hon’ble Supreme Court of India and is pending for adjudication.  The relevant para of said order dated 13.10.2023 is re-produced as under:-  “3. Till the next date of listing, status quo shall be maintained by all the parties, including on the assets”. The Hon’ble Apex Court vide order dated 25.012024 in Civil Appeal Nos. 6792-6796/2023 passed the following order: “List the matters on 5th February 2024 at 3.00 PM”   Therefore, in view of the above-mentioned facts and direction passed by the Hon’ble Apex Court, the present matter is adjourned to 23.07.2024 for further proceedings

The present complaint has been received on 19.10.2022. The reply was filed by the respondent no. 1 on 22.08.2023. However, no reply has been filed by the respondent no.2 & 3 so far. However, the respondent no.1 has filed an application on 16.02.2023 for rejection of complaint under order 7 rule 11, Civil Procedure Code, 1908 stating that the complainant herein has already filed a complaint before Hon’ble NCLT.  M/s Orris Infrastructure Pvt. Ltd. had placed on record a copy of order dated 13.10.2023 passed in Civil Appeal bearing diary No.36252/2023 titled as Greenopolis Welfare Confederation Vs. Rakesh Kumar Gupta & others filed before the Hon’ble Supreme Court of India and is pending for adjudication.  The relevant para of said order dated 13.10.2023 is re-produced as under:- “3. Till the next date of listing, status quo shall be maintained by all the parties, including on the assets”. The Hon’ble Apex Court vide order dated 25.012024 in Civil Appeal Nos. 6792-6796/2023 passed the following order: “List the matters on 5th February 2024 at 3.00 PM” Therefore, in view of the above-mentioned facts and direction passed by the Hon’ble Apex Court, the present matter is adjourned to 23.04.2024  for further proceedings.

The present complaint has been received on 19.10.2022. The reply was filed by the respondent no. 1 on 22.08.2023. However, no reply has been filed by the respondent no.2 & 3 so far. However, the respondent no.1 has filed an application on 16.02.2023 for rejection of complaint under order 7 rule 11, Civil Procedure Code, 1908 stating that the complainant herein has already filed a complaint before Hon’ble NCLT.   M/s Orris Infrastructure Pvt. Ltd. placed on record an order dated 13.10.2023 passed in civil appeal bearing diary No. 36252/2023 titled Greenopolis Welfare Confederation Vs Rakesh Kumar Gupta & Ors. which has been filed before the Hon’ble Supreme Court of India and pending for adjudication. The relevant para of the order dated 13.10.2023 is reproduced as under: “3. Till the next date of listing, status quo shall be maintained by all the parties, including on the assets. ……… 5. List the appeals on 21 November 2023 for disposal.”  Therefore, in view of the above-mentioned facts and direction passed by the Hon’ble apex court, the present matter is adjourned to 30.01.2024  for further proceedings.

The present complaint has been received on 19.10.2022. The reply has not been filed by either of the respondents. However, the respondent no.1  has filed an application on 16.02.2023 for rejection of complaint under order 7 rule 11 Civil Procedure Code, 1908 stating that the complainant herein has already filed a complaint before Hon’ble NCLT.  The counsel for the complainant states that Hon’ble Apex court in Case of  Arbitration petition © No. 48 of 2019 with Civil Appeal No.1070 of 2021 decided  on March, 26,2021  (under para 26)   has held that mere filing of  petition and its pendency before admission, therefore, cannot be  construed as the triggering of a proceeding in rem.   Hence the admission of the petition for consideration of the corporate insolvency resolution process is the relevant stage which would decide the status and the nature of the pendency of the proceedings and the mere filing cannot be taken as the triggering of insolvency process. Since  the proceedings under section 7 of IBC is not admitted in above case and hence the authority can proceed with the relief sought under the Act, 2016. The counsel for the complainant is directed to file reply to the application filed by the respondent  No. 1 for rejection of complaint alongwith citation mentioned  during the proceedings.  Further the counsel for the respondent also states that the matter of respondent No.1 titled as Orris Infrastructure Pvt. Ltd. Versus Manoj Aggarwal and others is pending before the Hon’ble Supreme Court alongwith several other matters and is fixed for hearing on 22nd August, 2023 and is filing detailed reply alongwith above submissions in the authority. The counsel for the complainant may also file rejoinder to the above reply within next two weeks.  Matter to come up before full bench on 31.10.2023 for further proceedings.

The counsel for the respondent states that the complainants have filed their claim in NCLT also. A written submission of the same is being submitted in the authority today itself and a copy of the same has been handed over to the proxy counsel for the complainant and hence further states that they should choose to proceed either in NCLT or in this authority.  The proxy counsel for the complainant seeks a short adjournment as he is not aware of the details and the main arguing counsel is unable to appear today.  He further states that they have not yet received the copy of reply of his complaint. the counsel for the respondent is directed to file reply alongwith objections regarding the NCLT case within a period of 15 days with an advance copy to the complainant.  Matter  is adjourned to 17.08.2023 for further proceedings.