Delhi

StateCommission

CC/74/2018

MR. BIMAL KRISHAN SHARMA & ANR. - Complainant(s)

Versus

AMRAPALI LEISURE VALLEY PVT. LTD. - Opp.Party(s)

RENU SRIVASTAVA

25 Jul 2018

ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

Date of Arguments :  25.07.2018

Date of Decision :30.07.2018

COMPLAINT NO.74/2018

In the matter of:

 

1. Shri Bimal Krishan Sharma,

S/o.Shri Ramesh Chand Sharma,

R/o. A-111, Back Side,

2.  

Jail Road, New Delhi.

 

2. Mrs. Vandana Sharma

W/o. Bimal Krishan Sharma,

R/o. A-111, Back Side,

2.  

Jail Road, New Delhi.                                          .........Complainants

 

Versus

 

M/s. M/s. Amarpali Leisure Valley Pvt. Ltd.

Regd. Office at 307,

Rd Floor, Nipun Tower,

Plot No.15, Community Centre,

Karkardooma, Delhi-110032.

 

Also at Corporate Office:

C-56/40, Sector-62,

Noida (Uttar Pradesh).

 

Through its Directors : Mr. Anil Kumar Sharma,

Mr. Akhil Kumar Sureka and Mr. Suvash Chandra Kumar

                                                                                      …….Opposite Party

.

Regd. Office at 307,

Rd Floor, Nipun Tower,

Plot No.15, Community Centre,

Karkardooma, Delhi-110032.

 

Also at Corporate Office:

C-56/40, Sector-62,

Noida (Uttar Pradesh).

 

Through its Directors : Mr. Anil Kumar Sharma,

Mr. Akhil Kumar Sureka and Mr. Suvash Chandra Kumar

                                                                                                            …….Opposite Party

CORAM

Hon’ble Sh. O. P. Gupta, Member (Judicial)

Hon’ble Sh. Anil Srivastava, Member

1.     Whether reporters of local newspaper be allowed to see the judgment?                                       Yes/No

2.      To be referred to the reporter or not?                                                                                                     Yes/No

Shri O.P. Gupta, Member (Judicial)

ORDER

          Vide this order we shall be dealing with the  question of effect of moratorium  granted by National Company Law Tribunal vide  order dated  04.09.2017 passed in company petition no.1(B)-121 (PB)/2017 titled as Bank of Baroda vs. Amarpali Silicon City (P) Ltd.

            The present complaint is at the stage of admission itself. The counsel for complainant states that aforesaid order pertains to another project of the OP namely Amarpali Silicon City Pvt. Ltd.

            However copy of order dated 27.03.2018 passed by Hon’ble Supreme Court in WP(Civil) N.940/17 titled as Bikram Chaterji and others vs. Union Bank of India reveals that Hon’ble Supreme Court is dealing  with following 9 projects of OP:-

1. Amarpali Sapphire
2. Amarpali Zodiac
3. Amarpali Eden Park
4. Amarpali Silicon City-I
5. Amarpali Silicon City-II
6. Amarpali Golf Homes
7. Amarpali Centurian Park
8. Amarpali Dream Valley
9. Amarpali Leisure Park

The same indicates that moratorium must be in respect of all the above projects.

      Still further the moratorium is in respect of Amarpali Zodiac Developers Pvt. Ltd. vide order dated 16.02.2018 passed by National Company Law Tribunal in Company Petition No.1(B)/238  PB/2017 titled as Sidhi Interiors Pvt. Ltd. vs. Amarpali Zodiac Developers Pvt. Ltd.

      Still further similar question regarding effect of moratorium against Jai Prakash Infra Tech on cases against Jai Prakash Associates came up before National Commission in Consumer Case No.629/2017 titled as Jai Prakash Singh Khurana vs. Jai Prakash Associates Ltd. which was dealt with order dated 04.12.2017. The same  reads as below:-

      The Ld. Counsel appearing for complainants however insisted that the complainant can proceed against Jai Prakash Associates Ltd., that no observations to the contrary were made by the Hon’ble  Apex Court. In these circumstances, I feel that it would only be appropriate if the parties are directed to seek order of Hon’ble Supreme Court as to whether in view of the order  of Hon’ble Apex Court dated 11.09.2017 the proceedings against Jai Prakash Associates Ltd. can continue before this  Commission or not, in the matter in which the land on which the flats were to be constructed, is stated to be owned by Jai Prakash Infra Tech Ltd.

      In the above background, we feel it appropriate if the complainant is directed to seek clarifications from Hon’ble Supreme Court or National Company Law Tribunal as to whether proceedings against M/s. Amarpali Smart City Developers Pvt. Ltd. can continue or not.

      Copy of the order be sent to both the parties free of cost.

            List on 04.01.2019.

 

 

(ANIL SRIVASTAVA)                                           (O.P. GUPTA)                                    

MEMBER                                               MEMBER (JUDICIAL)

 

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