HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The complainant is present through the Learned Advocate.

2. Heard the Learned Advocate appearing for the complainant at length and in full on the point of admission.

3. Perused the petition of complaint and the relevant documents.  Considered.

4. Having heard the Learned Advocate appearing for the complainant and on perusal of the record it appears to us that the complainant is a Company. It also appears to us that the complainant has clearly and categorically stated in the petition of complaint that the complainant Company booked the Apartment of No. 2001, 19^th floor, Block 6, in Cascades, Uniworld City, Action area III, New Town, Kolkata in the project of the Opposite Party purely for the use / personal use of its Director who is stationed in Kolkata. The said apartment has not been purchased for the purpose of making any profit or advancing the business of the complainant Company. But the record goes to show that the complainant Company has not produced any paper in support of their case. To prove the case of the complainant, the complainant Company has not filed any Board’s resolution book to the effect that Board of Directors in a meeting held by the Board of Directors resolved that the Company was intending to purchase the case flat for the personal use of its Director who is stationed in Kolkata. It is settled that property can be purchased by the Company by resolution of Board of Directors. The Board’s resolution book must show the decision to purchase the property. Under this facts and circumstances, the case of the complainant cannot be believed.

5. Moreover, Hon’ble Apex Court in Civil Appeal No. 10856 of 2016 (Bhupinder Singh Vs. Unitech Limited ) has observed that “ pending further orders of this court, there shall be a moratorium against the institution of proceedings against Unitech Limited and its subsidiaries. The moratorium shall also extend to existing proceedings against the Company as well as the enforcement or orders that may have been passed against the Company.”

6. On perusal of the record it appears to us that this case has also been filed against Bengal Unitech Universal Infrastructure Pvt Ltd.

7. In view of the above observation of the Hon’ble Apex Court we are unable to proceed with the matter and we dispose of this complaint case with the above observation.

8. The matter is thus disposed of accordingly.