Uttar Pradesh Real Estate Regulatory Authority Bench - , Lucknow Complaint Number — LKO62/02/89807/2022 ०9. o0L .2023 Krishna Datt Singh and Ors. (as per the list attached) Complainants Versus Ansal Properties Infrastructure limited Opposite Party ORDER Complainant Krishna Datt Singh and others complainants as per list attached have filed complaints/cases under Real Estate (Regulation and Development) Act, 206 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 are 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 LKO62/02/89807/2022 has been made the leading case. Where a complainant has booked a unit in Sushant Golf City, Ansal A.P.I. and paid Rs 7,50,000/- 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. 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:- a 2 Ashwani Kumar Singla Registration number: IBBI/PA-00/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. Complaint No. Parties Name LKO62/02/89807/2022 Krishna Datt Singh LKO62/02/89240/2022 Nishta Shukla LKO62/05/90382/2022 Dev Prakash Mishra LKO62/0/87636/2022 Ageel Alam Hashmi LKO62/06/96203/2022 Yogesh Narayan Singh LKO62/06/95326/2022 Balbir Singh 7. | LKO62/05/94779/2022 Padma Tripathi | ५ | . | LKO8/05/94330/2022 Shivani Sharma | » | LKO62/05/94280/2022 Manoj Yadav | 0. | 0. | LKO62/02/5355/202 Leena Sinha ll. | LKO62/09/00285/2022 Raja Ram Yadav 2. | LKO62/09/0055/2022 Indu Saxena 3. | LKO62/05/94437/2022 Pankaj Singh ye 4, | LKO62/08/98279/2022 Santosh Sahni LKO62/08/98075/2022 Sudesh Kumar Dwivedi LKO62/04/93792/2022 Rajshri Nigam LKO62/08/98405/2022 Arti Singh LKO62/08/98263/2022 Vijay Agarwal LKO62/08/9875/2022 Rajiv Gupta 20. | LKO62/08/984/2022 Sarojini Sinha LKO62/08/98038/2022 22. | LKO8/08/98068/2022 Vimal Prakash Shukla Raj Kamal Gupa

23. | LKO78/08/98070/2022 Sanjay Porwal 24. | LKO62/0/I00858/2022 Nita Gupta 25. | LKO62/06/96207/2022 Reeta Singh 26. | LKO62/08/97828/2022 Kalp Nath Rai LKO62/08/97934/2022 Reena Mitra 29. LKO62/0/00849/2022 LKO62/09/0082/2022 Komal Gautam Shikha Kamboj and Bhupinder Kamboj LKO62/07/96896/2022 Ram Milan Verma LKO62/07/96739/2022 Vivek Ratan Saini 32. | LKOI62/06/96530/2022 Manoj Pal and Neeraj Pal 33. | LKO62/06/96402/2022 Sarvesh Kumar Sahu a 34. | LKOI62/07/96302/2022 Raja Ram LKOI62/06/96200/2022 | Yogesh Narayan Singh a Hari Prasad Dixit Sachin Awasthi 35 36. | LKOI62/02/89523/2022 L 37. | LKO62/06/95264/2022 38. | LKO62/40/I0I034/2022 Vivek Kumar Sunil Kumar Phe psf 39. | LKO8/09/I0074/2022 Sujeet Kumar Chaurasia L 40. | LKOII8/09/00694/2022 LKO62/09/0086/2022 Chandra Prakash Agarwal = 42. | LKOI62/06/96i47/2022 Nagendra Agrahari 43, | LKO62/06/95980/2022 Shri Abhishek Kapur —_ L 44. | LKO62/06/95554/2022 Saima Khan 45. | LKOiI8/06/95344/2022 Sukhvir Singh Verma i. 46. LKO62/05/93799/2022 Sheo Karan Chaudhary 47. | LKO62/06/9637/2022 Sanjay Singh LKO62/05/94720/2022 Anjani Prasad Tripathi LKO62/05/90374/2022 Dev Praksh Mishra LKO62/07/96762/2022 Pramodani Srivastva LKO62/07/96677/2022 Gulshan Srivastava LKO62/06/96209/2022 Alok Singh LKO62/06/9620/2022 Alok Singh — न : Yogendra Vikram Shahi

54. | LKOI62/06/95287/2022 55. | LKOI62/07/97304/2022 Ila Rai 56. | LKOII8/08/98020/2022 Shiv Kumar Gupta 57. | LKOII8/09/99877/2022 Anupma Kapoor 58. | LKO62/09/99759/2022 Anita Kharti | 59 a 62/08/96535/2022 — Dr Rakesh Kumar Gaur re LKO62/09/99729/2022 Prabha Gupta z LKO62/09/99757/2022 Dr Vivek Kumar 62. | LKO62/09/99475/2022 Dr Vinita Prasad LKO62/09/99399/2022 Nimish Gupta LKO62/09/9940/2022 Akhilesh Kumar Gupta an x LKO62/09/99369/2022 al al: LKO62/09/99378/2022 Shivam Jain Mr. Mohd. Salahuddin LKO62/08/99258/2022 Taranvir Singh Arora | os. | 68. | LKO62/09/99372/2022 Anuj Srivastava | ७. | LKO62/06/9672/2022 Chandrakanta 70. | LKO62/08/9908/2022 Vinod Kumar Rai Ti. | LKO62/06/9698/2022 Rajesh Narayan Singh Chauhan ५ L 72. | LKO62/09/I00566/2022 73. | LKO62/05/9464/2022 iz Capt. Ajay Chauhan and Mrs. Rani Yuvraj Tiwari A LKO62/09/I00092/2022 Shiv Prasad Gupta 75. | LKO62/09/99800/2022 Capt. Ajay Chauhan and Mrs. Rani Chauhan LKO62/09/00205/2022 Abheesh Khare and Anr. LKO62/09/00380/2022 LKO62/09/I00273/2022 Katika Faridi LKO62/09/ 0025/2022 Mohd. Azam Faridi Shiv Shankar Yadav LKO8/0/00464/2022 Mrs. Vipin Singh Anjani Prasad Tripathi Rajesh Narayan Singh | at. | l. | LKO62/05/95005/2022 82. | LKO62/06/9675/2022 83. | LKO62/07/96957/2022 Dr. Sanjay Kumar Yadav LKOI8/07/96898/2022 Mona Chandra x NOt Kiss 04! |2S (Kalpana Mishra) Member, UP RERA