Uttar Pradesh Real Estate Regulatory Authority Bench - , Lucknow Complaint Number — LKOI8/02/90246/2022 ४3 -/2.2022 Hemlata Singh & Others (as per the list attached) Complainants Versus Ansal Properties Infrastructure limited Opposite Party ORDER Complainant Hemlata Singh and others complainants as per list attached have filed complaints/cases under Real Estate (Regulation and Development) Act, 20I6 Ansal Properties Infrastructure Limited ,Opposite Party/Respondent before U.P. RERA and the matter(s) were put up to this Bench at Lucknow Office. Since the nature of all these cases is similar viz non completion of the project/delivery of the Unit(s) booked by the complainants and reliefs sought from the Authority are refund/possession from the Opposite Party/ Promoter with interest and with or without compensation are being clubbed and considered, jointly and a common Order is being passed.The homebuyers have complained that the builder/Promoter/Opposite Party, Ansal Properties Infrastructure limited, had launched several projects in Lucknow and collect money to the tune of tens of crores.

Counsels for complainants informed the Bench that Opposite Party/ Respondent has made a delay of many years and requires 2 more years for the construction of the said project. The due date for the completion of those projects, as per the buyer’s agreement/ Agreement to Sale, has been over long back and projects have been inordinately delayed. Complaint No LKO8/02/90246/2022 has been made the leading case. Where a complainant has booked a unit in Sushant Taj city Built UPS and paid Rs 32,38,56/- against this unit and date of possession were given according to the agreement But respondent failed to give possession in prescribed date, so complainants asked for the possession or refund of the flat/ plot delayed interest and compensation. The same relief is sought by the other mentioned complaints. The respondent has not submitted any relevant documents in regards to the complaint filed by the complainants. Notwithstanding the same, the order passed by the NCLT is well noted on the file. \e- 4 Learned Counsels for the complainants have informed that National Company Law Tribunal (NCLT), New Delhi Bench has initiated insolvency proceedings under Insolvency and Bankruptcy Code (IBC), 206 against the Opposite Party. Under Section 4 :- 4. Moratorium - (7) Subject to provisions of sub-sections (2) and (3), on the insolvency commencement date, the Adjudicating Authority shall by order declare moratorium for prohibiting all of the following, namely,

(a) the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority; (b) transferring, encumbering, alienating or disposing off by the corporate debtor any of its assets or any legal right or beneficial interest therein; (c) any action to foreclose, recover or enforce any security interest created by the corporate debtor in respect of its property including any action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002); (d) The recovery of any property by an owner or lessor where such property is occupied by or in the possession of the corporate debtor. (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. (3) The provisions of sub-section () shall not apply to (a) such transaction as may be notified by the Central Government consultation with any financial regulator; (b) a surety in a contract of guarantee to a corporate debtor.

(4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process: Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section () of section 3] or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be. Therefore, the proceedings i.e. the institution of suits or continuation of pending suits or proceedings against the corporate debtor including execution of any judgment, decree or order before RERA, till the completion of the corporate insolvency resolution process, should be kept in abeyance. On 6.]].2022, through NCLT Public Announcement Ashwani Kumar Singla (IRP) has been appointed as Interim Resolution Professional. Below are his mentioned details:- ee Ashwani Kumar Singla Registration number: IBBI/PA-00I/IP-P-02035/2020-202/322, Email: [email protected]

Under the circumstances, all the complaints which have so far been filed/ proceeding at various stages or are being filed against the Promoter/ Respondent / opposite Party ie Ansal Properties Infrastructure limited are to be kept on abeyance till the insolvency proceedings under IBC are completed. Those buyers who have not able to filed claims should approach Interim Resolution Professional/National Company Law Tribunal. The next date may be fixed once the IBC proceedings are concluded. The orders are uploaded on the portal. S.No. Complaint No. Parties Name 5 al शा LKOI62/04/932/2022 Naveen Mittal 2 | LK062/04/93266/2022 Nitin Pal and Aarthi Dowlagar 3 | LK062/05/9459/2022 HARI GOPAL Za LKO62/05/94808/2022 Neena Rai 5 | LKOI62/06/9540/2022 Abbas Mehdi | 6 | LKO62/06/9528/2022 Nirankar Singh 7 |LK062/06/95524/2022 _| Page ee | 8 | LKO62/04/92454/2022 Sharda Singh |? | LKO62/04/85378/2022 Sudhanshu l0 | LKOI28/03/9998/2022 PRAVEEN LATA YADAV | £K028/03/9460/2022 ee 2 LKO62/06/95506/2022 Yatiendra Nath Gupta I3 | LK062/06/9528/2022 ee and Me eo

4 LKO62/05/9386/2022 Abhishek Gupta 5 LKO62/06/9595/2022 Sunil Kumar Agrawal 6 LKO62/05/93999/2022 | Ashutosh Kumar Rathore a 7 LKO62/05/9497/2022 manish singh Se 8 LKO62/06/92070/2022 Vandana Agarwal 9 LKO62/07/97423/2022 GAJADHAR DWIVEDI | 20 LKOI62/07/96424/2022 Jasmeet Singh १4 LKO62/07/96933/2022 Aman Singh Johar | 22 LKO62/06/95288/2022 MANISH SINGH | 23 | LKO62/06/95208/2022 Radha Devi 24 LKO62/05/94385/2022 Rajesh Kumar Singh 4 : _| 25 LKO62/05/9429/2022 Prem Kumar Singh i= 26 LKO62/05/9409/2022 Pramila Maheshwari and Pooja Gupta 27 LKO62/05/93865/2022 Rohit Agarwal 28 LKO62/05/93933/2022 Akhilesh Kumar Tiwari Ht <a 29 | LKOI8/0/8909/2022 VIVEK KUMAR | 30 | LKO62/07/96788/2022 Amit Gahlot 3l | LKO62/02/88644/2022 Savita Singh 32 | LKO62/05/93856/2022 Farhan Rasul 33 | LKO62/2/86278/202! Surendra Pratap Mishra | 34 LKO62/0/8972/2022 Ajay Agrawal 35 LKO62/0/88044/2022 Dr Kirti Bhatia and Dr Sanjiv Bhatia LKO62/2/86055/202I KAFEEL AHAMED LKO62/0i/88526/2022 Jagriti Jaiswal LKO62/02/90404/2022 deep chandra LKO62/I/84786/202] LKO62/03/788I/202] Umesh Kumar Verma Rehan Solanki LKO62/04/93224/2022 Rama Parihar LKO62/0/8943/2022 REETU RAJ LKOI8/05/95029/2022 PRADIP KUMAR LKO62/07/97500/2022 AJEET SINGH LKO62/l0/83964/202 ANIL KUMAR AGARWAL LKO62/04/93248/2022 LKO62/06/9580/2022 Shyam Manohar Amit Kumar Sonkar (Kalpana Mista) Member, UP RERA