Chandigarh

StateCommission

MA/419/2021

Harsimran Kaur - Complainant(s)

Versus

M/s Ansal Lotus Melange Projects Pvt. Ltd. - Opp.Party(s)

Sumit Kumar Adv.

01 May 2023

ORDER

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION, U.T. CHANDIGARH

[ADDITIONAL BENCH]

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Misc. Application No. IN	:	MA/419/2021
Consumer Complaint No.	:	CC/128/2020
Date  of  Institution	:	02/07/2021
Date   of   Decision	:	01/05/2023

 

 

 

 

 

1]     Harsimran Kaur wife of Mandeep Singh Dhingra, Resident of E-91, JMD Apartments, Sector 5, Plot No.11, Dwarka, New Delhi.

 

2]     Mandeep Singh Dhingra son of Rajinder Singh Dhingra, Resident of E-91, JMD Apartments, Sector 5, Plot No.11, Dwarka, New Delhi.

 

…. Complainants

 

Vs.

 

1]     M/s Ansal Lotus Melange Projects Pvt. Ltd.,  having its Regd. Office at 4648/21, Room No. 302, 3^rd Floor, Shadumal Building, Daryagang, New Delhi – 110002, through its Director.

 

2]     Vishwa Prakash,  Director M/s Ansal Lotus Melange Projects Pvt. Limited (DIN No. 07893606) a Company incorporated under the Companies Act, 1956, having its Corporate Office at SCO 12-A, Ansal City Centre, Kharar Landran Road, Sector 115, S.A.S. Nagar, Mohali.

 

3]     Housing Development Finance Corporation Ltd.,  through Sh. Deepak S. Parekh, Chairman/Managing Director/Authorized Signatory, Branch Office Address: HDFC Limited, SCO 153-155, Sector 8-C, Madhya Marg, Chandigarh.

 

Office Address: HDFC Limited, SCO 153-155, Sector 8-C, Madhya Marg, Chandigarh.

 

4]     Ansal Properties & Infrastructure Ltd., through its Managing Director/ Director having its Head Office at 115, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi – 110 001.

 

Corporate Office Address: SCO 12-A, Ansal City Centre, Kharar Landran Road, Sector 115, S.A.S. Nagar, Mohali.

5]     Pranav Ansal, Director, Ansal Properties & Infrastructure Ltd., through its Managing Director/ Director having its Head Office at 115, Ansal Bhawan, 16 Kasturba Gandhi Marg, New Delhi – 110 001.

…… Opposite Parties

 

BEFORE: MRS.PADMA PANDEY    PRESIDING MEMBER

                PREETINDER SINGH      MEMBER

 

PRESENT	:	Sh.Rachit Kaushal, Advocate for the Complainants.
		Sh.Sumit Kumar, Advocate for Interim Resolution Professional (IRP) appointed on behalf of M/s Ansal Lotus Melange Projects Pvt. Ltd.
		Opposite Party No.2 ex-parte.
		Ms.Neetu Singh, Advocate for Opposite Party No. 3.
		Sh.Prateek Garg, Advocate for Opposite Parties No.4 & 5.

 

PER PADMA PANDEY, PRESIDING MEMBER

 

 

 

 

1.         By means of present order, we shall be disposing off present misc. application moved on behalf of Interim Resolution Professional (IRP) appointed on behalf of M/s Ansal Lotus Melange Projects Pvt. Ltd. (for brevity hereinafter to be referred as ‘the Applicant’) seeking stay on the proceedings of Consumer Complaint pending against M/s Ansal Lotus Melange Projects Pvt. Ltd. and its Directors in pursuance of the moratorium order dated 07.04.202 passed by the Hon’ble National Company Law Tribunal Principal Bench, New Delhi in C.P. I.B. No. 85(ND) of 2021 titled “M/s G.K. Crystal Homes Vs. M/s Ansal Lotus Melange Projects Pvt. Ltd.” under Section 9 and 14 of Insolvency and Bankruptcy Code, 2016 (for brevity ‘IBC’).   

 

2.         The Complainants hotly contested the application, on the ground that the application is an abuse of the process of law and imposition of moratorium against Opposite Party No.1 shall not affect passing of any order fixing the liability of Opposite Parties No.2, 4 & 5.  

 

3.         We have heard the learned counsel for the parties and also gone through the record of the case, with their able assistance.

 

4.         Learned Counsel  for the Applicant submitted that C.P. I.B. No. 85(ND) of 2021 titled “M/s G.K. Crystal Homes Vs. M/s Ansal Lotus Melange Projects Pvt. Ltd.” was filed under Section 9 and 14 of Insolvency and Bankruptcy Code, 2016 before the Hon’ble National Company Law Tribunal Principal Bench, New Delhi, for initiation of Corporation Insolvency Resolution Process (for short ‘CIRP’) against the Corporate Debtor vis. M/s Ansal Lotus Melange Projects Pvt. Ltd. (Applicant herein) declaring moratorium and appointment of Interim Resolution Professional on the ground of default in making the due payments. In this backdrop, it is the case of the Applicant that since the Hon’ble National Company Law Tribunal Principal Bench, New Delhi vide order dated 07.04.2021 declared the moratorium against the Applicant with effect from the date of order till the completion of the CIRP, all proceedings of Consumer Complaint pending before this Commission against the Applicant deserves to be stayed.

 

5.         Per contra, Learned Counsel for the Complainants submitted that despite there being a moratorium imposed under Section 14 of the Insolvency and Bankruptcy code, 2016, which stipulates that continuation of pending proceedings in any court of law, Tribunal, Arbitration Panel or other Authority shall be prohibited, however, the said provision favour only Opposite Party No.1 since the specific prayer of the Complainants is to make the Opposite Party No.1 and Opposite Parties No.4 & 5 as jointly & severally liable, therefore, the imposition of moratorium against Opposite Party No.1 shall not affect passing of any order or fixing the liability against Opposite Parties No.2, 4 & 5.   

 

6.         It is evident from the Flat Buyer Agreement dated 24.05.2014 the Opposite Party No.1 as a Company was so formed as a result of Joint Venture Agreement dated 22.07.2005 between M/s Ansal Properties & Infrastructure Limited and M/s Lotus Township & Infra Developers Pvt. Limited. Thus, the said companies came together under the Joint Venture Agreement to promote/ incorporate a Joint Venture Company (for brevity ‘JVC’) with the sole object to undertake development of real estate projects.  

 

7.         However, without adverting to the merits of the case, it may be stated here that in view of declaration of moratorium by the NCLT, the proceedings against the company (M/s Ansal Lotus Melange Projects Pvt. Limited) cannot be allowed to continue.

 

8.         MA/419/2021 is disposed of in aforesaid terms.

 

9.         As an offshoot of above, this Commission is left with no alternative, but to adjourn Consumer Complaint sine die. Resultantly, this consumer complaint is sine die.  However, the parties are directed to inform this Commission about final outcome of the NCLT proceedings, so that the consumer complaint can be restored accordingly.

 

10.         A copy of this order be placed on the file of CC/128/2020.

 

11.         Certified copies of this order, be sent to the parties, free of charge.

 

12.         The file be consigned to Record Room, after completion.

Pronounced

01^st May, 2023                                                        

Sd/-

                                                        (PADMA PANDEY)

PESIDING MEMBER

 

 

Sd/-

                                                        (PREETINDER SINGH)

MEMBER

“Dutt”