VARUN KUMAR vs SHREE VARDHMAN INFRAHEIGHTS PVT. LTD

The present complaint has been received on 23.07.2024 and an application under section 36 has been filed by complainant on 23.07.2024 but reply to the main complaint as well as to the application has not been received till date. The counsel for the respondent states that an order dated 08.01.2025 was passed by Hon’ble NCLT, Principal Bench, New Delhi in case no. IB No. 751(PB)/2023 in the matter of IDBI Trusteeship Services Ltd. Versus Shree Vardhman Infraheight Pvt. Ltd. vide which the application under section 7 of the Code have been admitted by the Hon’ble NCLT and moratorium is initiated against the respondent herein in terms of section 14 of the IBC, 2016 and M/s Ducturus Resolution Professionals Pvt. Ltd. through its Director Mr. Jalesh Kumar Grover has been appointed as IRP of the corporate debtor. 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. File be consigned to the registry

The present complaint has been received on 23.07.2024 and an application under section 36 has been filed by complainant on 23.07.2024 but reply to the main complaint as well as to the application has not been received till date. Through that application he is seeking following reliefs:- 1.     Direct the respondent to handover the possession with all amenities and specifications and to pay delayed possession charges. 2.     Direct the respondent to get the conveyance deed executed. 3.     Direct the respondent to quash the illegal offer of possession cum demand letter dated 01.06.2023 4.     To restrain the respondent from raising any fresh demand under any head. 5.     To not to force complainant to sign the indemnity cum undertaking 6.     To not to charge anything outside agreement from the complainant 7.     Direct the respondent to provide exact lay out plan of the said unit. 8.     Direct the respondent to not to charge monthly maintenance charges.   The complainant is seeking the above-mentioned reliefs under section 36 whereas the said section only empowers the authority to grant interim relief and the reliefs sought are not interim in nature. The application filed under section 36 is hereby rejected. The reply to the main complaint has not been filed till date. The respondent is directed to file reply within two weeks i.e., by 22.11.2024 in the registry with a copy to the complainant. Last opportunity is being granted. In case reply is not filed within the time allowed, the defense of the respondent may be struck off. Matter to come up on 07.02.2025 for further proceedings.

No reply has been received till date. Reply be filed within a period of 10 days after supplying a copy to the counsel for the complainant. Matter is  adjourned to 08.11.2024.