GARIMA KAUSHIK vs SARV REALTORS PRIVATE LIMITED

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.

The counsel for the respondent states that similar matters are already listed for 19.04.2024 and hence requests that this matter be also heard alongwith those and main counsel for the complainant is also not available today, hence the matter is being adjourned. Matter to come up on  19.04.2024 for further proceedings.

The complainant present in person states that  he has not yet received the reply to the complaint from any of the respondent. The proxy counsel for the respondent No.2 states that since the respondent is  in NCLT, hence, the reply could not be filed.  The proxy counsel for respondent No.3 requests for a short adjournment to file the reply and the counsel for respondent No.1 also requests for adjournment to file the reply. Authority is of the view  that IRP of respondent No.2 should appear in person on the next date of hearing and to clarify the position of the complaint and respondent No.1 & 2 are directed to file their reply within 2 weeks with an advance copy to the complainant failing which the defence of the respondent shall be struck off.            Matter to come up on 16.02.2024 for further proceedings.

Shri Bhirgu Dhami, Advocate on behalf of the respondent has appeared and requests for a short adjournment to argue the matter.  Adjourned to 17.11.2023   for further proceedings.

Matter to be placed before the full bench on 03.10.2023 for issue of maintainability. All the parties to appear on the date fixed.

The counsel for the complainant states that the respondent No.1 in the matter i.e. M/s Sarv Realtech Pvt. Ltd. falls squarely under the definition of promoter in terms of the order passed by this authority in case titled as Deepak Chaudhary versus Supertech and PNB Housing Finance. Therefore, the complainant is well within his rights to seek relief from respondent No.1 despite the fact that respondent No.2 i.e. M/s Supertech Limited are in NCLAT proceedings and moratorium has been announced.             It is further stated by the counsel for the complainant that as per the tripartite agreement (Annexure P4)  the respondent No.2 was required to pay the EMIs under the interest subvention scheme but now they are being sought from the complainant  and even recovery proceedings have been initiated by respondent No.3 i.e. PNB Housing Finance against the complainant.           The counsel for the respondent No.2 refers to NCLAT order in CA No.567 of 2018  in terms of which no proceedings can continue against the corporate debtors i.e. respondent No.2.  Similar cases are adjourned sine die by this authority.          Arguments heard.         To come up on 24.05.2023 for orders on the issue of maintainability of the complaint  in the present stage.

Matter is Adjourned to 01.03.2023.

In view  of NAREDCO Haryana Real Estate Summit 2022,  the matter is adjourned to 05.01.2023  for the purpose as already fixed.

Due to administrative exigencies,  the court is not held today. Hence, the matter is adjourned to 29.11.2022 for the purpose as already fixed.