MRS UMA vs SUPERTECH LIMITED

The counsel for the complainant requests for filing an application to implead M/s DSC Estate Developers Pvt. Ltd. which may be filed within 2 weeks after supplying a copy of the same to the respondents.  The respondents shall file reply to the same within next 3 weeks with an advance copy to the complainant.  Registry to issue notice to the respondents. Matter to come up on 18.03.2025 for further proceedings.

On the last effective hearing dated 08.07.2024, the director of M/s Sarv Realtors and M/s DSC Estates were directed to clarify the exact status of QPRs and updated status of registration  of the project Hues and Azalia in the shape of affidavit, falling which proceeding U/s 63 of the Act, 2016 were liable to be invoked. The counsel appearing on behalf of  M/s Sarv Realtos and M/s DSC  Estate  Developers Pvt.Ltd. has placed on record  an affidavit filed by Shri Mohit Arora Authorized representative of  M/s Sarv Realtos and M/s DSC  Estate  Developers Pvt.Ltd  in compliance of orders dated 8.7.2024 stating that M/s DSC Estate Developers Pvt. Ltd. had applied for change in Registration for the project “Azalia” from M/s Supertech Ltd. to M/s DSC Estate Developers Pvt. Ltd. vide application dated 12.7.2023 which is under consideration with the Authority.  Further, in compliance of the directions of the Authority w.r.t. filing of QPRs for the project “Azalia”, the QPR’s for the quarter ending on 31.12.2018 (October to December) till Quarter ending 31.12.2023 have been filed online with his Authority. None is present on behalf of the complainant. The present complaint relates to Hues/ Azalia projects. Last opportunity is being granted to the complainant to peruse the complaint. Matter to come up on  03.12.2024  For further proceedings.

Due to administrative exigency,  the matter is adjourned to 02.09.2024 for the purpose as already fixed.

Matter is adjourned to 12.08.2024.

Due to administrative exigency,  the matter is adjourned to 08.07.2024 for the purpose as already fixed.

Due to administrative exigency, the matter is adjourned to 01.07.2024 for the purpose as already fixed.

Since the IRP - respondent No.1  who stepped the shoes of Promoters as per orders of the Hon’ble NCLT, did not timely complied  with the directions of the Authority dated 12.01.2024 which was to be complied within 15 days, the Authority  hereby imposes  a penalty of Rs. One Lakh as per provision of section 63 of the Act, 2016.    Shri Hitesh Goel - IRP present  in person stated that no separate books of account of each project were being maintained  uptil 25 March 2022  i.e.  the date when the moratorium was imposed.   Further stated that even now no separate books  of account is being  maintained for each project , only MIS is being prepared  and hence they have not filed QPRs.  IRP further stated that he has taken the charge of company Supertech  Ltd. on  as is where is basis and since no separate balance sheets of each project  used to be prepared,  hence,  he could not do the compliances of the directions which were pending for compliance prior to his  appointment  as  IRP of the company and further since June, 2022 he has tried to maintain separate bank account of each project of the company. Further stated that since the registration of  most of Gurugram projects have already been elapsed  and  renewal of the same/extension of the same is still pending. Although they had moved an application  No.1172 of 2022 dated 06.02.2023 for extension which was rejected by the authority on 14.11.2023 on account of non-compliances of various deficiencies pointed out by the Authority and non-payment of fee for extension payable to RERA, as per  copy of the acknowledgement  being filed today in the registry of the authority. Further stated that assets and liabilities of M/s Sarv Realtors and M/s  DSC Estate  Developers  after imposition of moratorium have not been transferred to the management of those  companies as he is unable to do so the same as moratorium is going  on the whole company of Supertech Ltd. and there is no direction w.r.t the same from Hon’ble NCLT. Further stated that  they have enclosed with the affidavit Annexure-J from page 82 to 89 which is details of transfer entries dated 31.03.2020 passed on to M/s Sarv Realtors and M/s DSC Estate Developers.  IRP further stated that there was an interim order from Hon’ble NCLAT Delhi after submissions of resolution proposal by the ex-promoters of the company i.e. Supertech Ltd. which is still pending for decision and next date of hearing is 03.05.2024 and once that proposal gets through/approved by NCLT  only then further process of revalidation of licence and renewal of RERA registration shall be taken up.   Shri Mohit Arora director of M/s Sarv Realtors and M/s  DSC Estate  Developers is present in person and filed authorization letter and copy of DIN and counsel of M/s Sarv Realtos Ltd. and M/s DSC Estate Developers have filed Power of Attorney.  Mr.Mohit Arora agreed and stated that they had taken over  M/s Sarv Realtors and M/s  DSC Estate  Developers   from M/s Supertech Limited and now they are running the projects and  bank accounts of  these are being managed  by them.   The counsels for the complainant (s) states that since the IRP has not filed the QPR and has not updated the status of the project,  they are unable to know the factual position of the project.   Further stated that  since the IRP entered into the shoes of promoter in June,  2022  and  had been assigned the power of supervision of each and every project of Supertech Ltd. and he must do the compliances.   The counsels for the complainants further stated that IRP  as well as management of M/s Sarv Realtors and M/s  DSC Estate  Developers  are not disclosing the exact status of the projects Hues and Azalia. Further stated that as per affidavit filed by IRP, if the projects Hues and Azalia already stands transferred to M/s Sarv Realtors and M/s  DSC Estate  Developers on 31.03.2020 then why M/s Sarv Realtors and M/s  DSC Estate  Developers are not doing compliances, The Authority must direct them to do the same in the interest of the allottees.   The counsel for M/s Sarv Realtors and M/s  DSC Estate  Developers  and Mr.Mohit Arora states at bar that they have received all the assets and liabilities of the project “Hues and Azalia” in March 2020.   Shri Rohit Arora - the counsel on behalf of M/s Sarv Realtors and M/s  DSC Estate  Developers further brought attention of the authority towards para No.5 page 79 of the order of the authority dated 29.11.2019 which is reproduced as under:-   (v) All the  assets and liabilities including customer receipts and project loans of whatsoever nature, in the Project “Supertech Hues and Azalia” in the name of Supertech Ltd be shifted to Sarv Realtors Pvt Ltd/DSC and others. However,  even after  the rectification, Supertech Ltd.  will continue to remain jointly responsible for the units marketed and sold by it and shall be severally responsible if Sarv Realtors Pvt. Ltd/DSC and others fail to discharge its obligations towards the allottees.   IRP of the company stated that the director of M/s Sarv Realtors and M/s  DSC Estate  Developers will file the exact status  of the project as they have already committed during the proceedings that they have taken over the project on 31.03.2020 from M/s Supertech Ltd.  The Authority hereby directs the authorized director of M/s Sarv Realtors and M/s DSC Estates to   clarify the exact status of QPRs and updated  status of registration of the project Hues and Azalia in the shape of affidavit and that they shall  apply  for registration /extension of these projects within next 20 days .  In case they have not filed the reply to the complaint cases, in which they are impleaded,  they will have to file the reply within 15 days.   Part arguments heard. Matter be put up before the full bench on 27.05.2024 at 3.00 PM for further arguments.

On the last date of hearing, authority directed IRP to submit a copy of claims admitted by him. The same have been submitted and uploaded on the website of the Authority. The counsel for the complainant states that as per the order dated 29.11.2019 passed by the authority  in suo motu No.5802/2019 M/s Supertech Ltd. had to comply with certain directions w.r.t transfer of assets and liabilities to Sarv Realtors and DSC and others  which perhaps has not been complied with till date and further stated that  RC of  project Hues and Azalia has already expired on 31.12.2021. It was further stated that as per directions of the authority vide its order dated 29.11.2019 it was clearly mentioned that  Supertech Ltd. will continue to remain jointly responsible for the units marketed and sold by it and shall be severally responsible if Sarv Realtors and DSC and others failed to discharge its obligations. The counsel for the complainant further submitted an email dated Jan. 23, 2023  which states that change of promoter from Supertech Ltd. to Sarv Realtors does not affect any rights of the allottees and further draws attentions towards the mail dated 04.10.2023 which is sent by Mr. Hitesh Goyal IRP of Supertech Ltd. which states that project Hues is a part of Serv Realtors Pvt. Ltd. which is a different company and not a part of Supertech Limited.,  therefore,  the allottees of said project should reach out to the concerned team of Sarv Realtors Pvt. Ltd. Further draws attention of the authority towards mail dated 14.06.2022 sent to authority as well as by the IRP  which states that in compliance of the order dated 29.11.2019,  all the assets and liabilities of the project were transferred from Supertech Ltd. to Sarv Realtors and M/s DSC Estate Developers Pvt. Ltd. on 31.03.2020,  therefore,  the projects are not assets of corporate debtors, hence Project Hues is not covered under insolvency proceedings. The authority hereby directs the IRP to file an affidavit within 15 days, with an advance copy to the complainants,  to confirm the facts given in the mail dated 14.06.2022 w.r.t the assets and liabilities having been transferred to Sarv Realtors and DSC Estate Developers Pvt. Ltd and IRP must be present on the next date of hearing in person to clarify the status of the projects which are covered under CIRP and which are not covered under CIRP and is further directed to file  QPRs and pending details which have not yet been filed in the authority of various projects. Further,  one of  the directors of Sarv Realtors and DSC Estate Pvt. Ltd. duly authorized by the Board, should also put in personal appearance to clarify the status of the project,  direction is being given to safeguard the interests of the allottees of these projects. Arguments heard. Matter to come up on 19.04.2024 for further arguments.

The counsel for the respondent  and the IRP present  in person as per directions of the authority state that they have already filed the affidavit as well as status of construction of various projects, as per  the directions of authority  vide its order dated 25.08.2023.  The affidavit was filed on 27.09.2023  and the construction status report was filed on 03.10.2023. The copy of the same has been handed over to all the concerned parties still if counsel of any concerned party has not received the same, the counsel for the respondent is hereby ready to  hand over the copy of the same to the concerned complainant or his counsel. IRP present  in person stated that moratorium is applicable on all the projects of Supertech Ltd. and the same had been granted by Hon’ble NCLT New Delhi on its order dated 25.03.2022. Further stated that an appeal was filed against this order by the Suspending Directors before Hon’ble NCLAT in appeal No.406 of 2022 which is still pending before the Hon’ble NCLAT.  However an interim order was passed in that appeal stating that  CoC was restricted to ECO village-II and all other projects of Supertech Ltd. were to be constructed under the supervision of IRP alongwith the assistance of ex-management employees and workmen vide its order dated 10.06.2022. Further on 12.09.2022 the Hon’ble NCLAT Delhi further passed an order “CIRP order has not been stayed, the moratorium is continuing”.  Further, stated that the orders dated 10.06.2022  of NCLAT  was challenged before Hon’ble SC which was heard  by the Hon’ble SC and an interim order was issued upholding the orders dated 10.06.2022 of NCLAT. This interim order was passed by the Hon’ble SC on 11.05.2023 and it was further listed for hearing on 24.08.2023 but on that date due to any reason, the matter could not be taken up and the next date of hearing is still not notified.  Further stated that the NCLAT is continuously hearing the appeal and the next date of hearing is 19.10.2023.  Further stated that Hon’ble NCLAT vide its order dated 5.07.2023 categorically stated after taking into consideration the orders of Hon’ble SC that   “In view of the fact that it is IRP who is under control of the entire CIRP in all projects,  it is necessary that the status report which is submitted in the Court should be put on the website of the Supertech so that it can be assessed by everyone”. Further the counsel for the complainant in CR No.1730 of 2023  and CR No.2144/2021,  424/2022 and some other complaints states that project Azalia and Hues are not covered in the list of the projects in which moratorium is continuing,  hence those should be taken up separately. Further IRP present in person states that  he has already admitted the claims of various allottees from the projects Azalia and Hues as treating them  as contingent liability of the corporate debtor i.e. Supertech Ltd.  The counsel for the complainants states that they are not aware about the claims being asked for by the IRP of Supertech in case of the projects of Azalia and Hues.  The counsel for the respondent and IRP present  in person states that the claim of projects Azalia and Hues were admitted by him after the order dated 14.10.2022 of Hon’ble NCLAT. IRP present in person further states that they are still accepting the claims of allottees of Azalia and Hues for the purpose of verification. The authority hereby directs IRP to submit a copy of the claims admitted by him within a period of 15 days and the same may be uploaded  on the website of the authority also. Complainants are free to file the response to the affidavit filed by IRP within 15 days. IRP to be present before the authority and co-operate as and when required just to safeguard interest of the allottees and subject to final directions of the Hon’ble NCLAT and Hon’ble SC. Arguments heard. Since the matter is sub-judice before the NCLAT and Hon’ble SC it is being adjourned to 12.01.2024 for further proceedings.

Matter is adjourned to 06.10.2023.

The counsel for the complainant states that even though respondent company is under NCLT proceedings and moratorium has been announced,  it shall be the duty of the Resolution Professional to respond the complaints and be liable on behalf of the company to comply with the orders of the authority. Therefore,  notice be issued to the Resolution Professional for the next date with detailed status of the project and response to the complaint. The counsel for the complainant further states that section 14 of IBC moratorium can only operate against civil courts and execution petitions lying in civil courts and there is no bar of proceedings in quasi judicial forum. With regard to this, counsel for the complainant wishes to submit citations.            In view of the above,  the Resolution Professional is requested to assist the authority on the next date of hearing.                                    Matter to come up on  25.08.2023 for further proceedings.

The counsel for complainant states that only Eco village -II is under the moratorium and not all the other projects of the corporate debtor. On the contrary, the counsel for respondent states that the moratorium is continuing on all the projects of corporate debtor.   The brief background of the case is as under:   1.     1. The Union Bank of India had preferred a Company Petition CP(IB) bearing NO. 204/(ND) 2021 before NCLT under Section 7 of Insolvency and Bankruptcy Code 2016 against M/s Supertech Ltd. for non-payment of outstanding debt. The NCLT was pleased to admit the insolvency petition by its order dated 25.03.2022. Vide this order the NCLT inter alia initiated CIRP against the corporate debtor, and appointed, Hitesh Goel as the Interim Resolution Professional for the corporate debtor and declared moratorium as per Section 14 of the IBC.   2.     2. Mr. R.K. Arora, the suspended director of the corporate debtor filed an appeal bearing company appeal (AT) (Ins) no. 406 of 2022 on 07.04.2022 before NCLAT against the order dated 25.03.2022. The appeal was subsequently heard on multiple dates and NCLAT had continued the stay on constitution of the CoC till 10.06.2022. The NCLAT vide order dated 10.06.2022 modified the CoC stay order to the extent that the IRP may constitute the CoC only in relation to the project Eco-Village – II of the corporate debtor.   3.     3. An application dated 26.07.2022 from Mr. Hitesh Goel IRP was received stating therein that though all the projects of the corporate debtor apart from ECO village - II would be kept as ongoing project, but the construction of the other projects would continue with overall supervision of IRP with the assistance of ex-management, its employees, and workmen. So, the imposition of moratorium under section 14 of IBC would continue and proceedings of all the cases listed before the authority be adjourned sine die.   4. Vide order dated 12.09.2022, the NCLAT has clarified that “the CIRP order has not been stayed. The Moratorium is continuing” and also vide order dated 14.10.2022, NCLAT made it clear that verification of the claim has to be with regard to all projects and is not only confined to Eco-village -II.             After taking into consideration all the material facts, it is observed that there is a categoric observation to the effect that CIRP has been initiated against the corporate debtor which includes all the assets of the corporate debtor, which are under the control and management of the IRP. The effect of order dated 10.06.2022 is that the CIRP process initiated is corporate debtor centric and not project centric which implies that all the projects of M/s Supertech Limited are covered within the ambit of CIRP and thus, the order of moratorium which as on date has not been modified, is applicable to all the proceeding against corporate debtor.   In view of the facts and circumstances mentioned above and to gain clarity as to what can be done to protect the interest of the allottees., it is directed that IRP shall be present on the next date of hearing to explain the detailed status of the moratorium imposed upon M/s Supertech Ltd. and to explain whether M/s Supertech Ltd. can demand the outstanding amount in case moratorium is continuing on whole of the company. Further, the authority shall also explore for engaging the services of an expert in NCLT matters to protect the rights and interest of allottees.     Matter to come up on 01.03.2023 for further proceedings.

In order to constitute new Bench and to revise roaster of cases, the matter is adjourned to 04.01.2023 for further proceedings.

The District Bar Association Gurugram vide resolution No.323 dated 27.05.2022 has informed that Punjab & Haryana High Court, Chandigarh vide Notification No.117 dated 09.05.2022 declared that summer vacation will be observed from 01.06.2022 to 30.6.2022 and requested not to list the cases between 01.06.2022 to 30.06.2022. In view of the above, the case is adjourned to  20.09.2022 for the purpose as already fixed.

In view  of judgment dated 11.11.2021 in title- M/s Newtech Promoters and Developers Pvt Ltd. Vs State of UP & Ors. Etc. passed by the  Apex Court, this forum has no jurisdiction to adjudicate the complaint in hands.                              File be transferred to the Authority. Next date will be notified later on by the Authority. Reader is directed to send the file immediately.

Written reply has already been filed. Copy given.                             To come on 06.04.2022 for arguments.

As per learned counsel for respondent he did not receive hard copy of the complaint. Learned counsel for complainant undertakes to supply the same today itself. Reply be filed within two weeks, with copy to complainant. 2.                      To come on 03.11.2021 for arguments.

Due to spread of Covid-19 cases in and around area of the Hon’ble Authority, the cases fixed for today are not being taken up for hearing. Hence, as per the directions for the Hon’ble Authority, the case adjourned to 02.08.2021. 2.         However, it is directed that the respondent has already been served through e-mail and delivery of documents is also confirmed from the tracking report. So, it is directed to file written statement with a copy to the other side 4 weeks prior to the date fixed with a copy to the other side and the matter be put up on the date fixed mentioned above for arguments.