NITIN KUMAR SINGH vs DSC ESTATE DEVELOPERS PVT LTD

The counsel for the complainant has already impleaded DSC Estate Developers Private Limited and a notice has been served to DSC Estate Developers Private Limited. on 4.1.2023.  Reply not filed. DSC Estate Developers Private Limited. is directed to file reply of the application for impleadment  within a period of two weeks after supplying a copy to the counsel for the respondents.     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.

The present complaint was filed on 03.08.2023. However no reply has been filed till date by any of the parties. The counsel for the complainant has filed an early hearing application on 24.01.2024 stating that during the 1st hearing, the respondent push to delete Supertech Name or Sine Die the case because the Supertech is under moratorium. The complainant is stating  that they have  immense  pressure from Banks because of pending Emi’s under sub vention scheme It  is observed by the authority that in view of orders of Hon’ble Supreme Court of India, NCLAT and affidavit submitted by IRP on 27.09.2023 in matters listed on 06.10.2023, it is clear that the CIR Process is continuing against the entire Corporate Debtor company, as a result of which the Moratorium imposed upon the entire Corporate Debtor company is also continuing and the continuation of any proceedings whatsoever, against the Corporate Debtor in any form is prohibited as per provisions of IBC Act, 2016. In view of the same, the matter was adjourned. In view of the above, the  registry is directed to issue notice to M/s Sarv Realtors Pvt. Ltd.  and DSS Estates to  file reply  reply within a period of three weeks and also  to appear  before the authority on the next date of hearing. Matter to be heard on the date  when the  similar matters of M/s Supertech Limited are listed when   IRP for M/s Supertech Limited and Directors of M/s  Sarv Realtors Pvt.Ltd.  and DSS Estates have been called to clarify the facts w.r.t. moratorium. Matter to come up on 19.4.2024 for further proceedings

The present complaint was filed on 03.08.2023 and registered as complaint no. 3616 of 2023. However, no reply has been received on behalf of the respondent till date. The counsel for the respondent has filed an application seeking stay of proceedings as one of the respondent company is under NCLT and morotarium is applicable. The copy has been supplied to the counsel for  the complainant who may file response to the application within next two weeks in the registry of the authroity. Matter to come up on 15.3.2024 for further proceedings.