Uttar Pradesh Real Estate Regulatory Authority Bench - , Lucknow ho (५३ Complaint Number — LKO62/05/94088/2022 ।2- ०१ .20 | Dr. Masood Ahamad and Ors. (as per the list attached) Complainants Versus Ansal Properties Infrastructure limited Opposite Party ORDER Complainant Dr. Masood Ahamad 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 LKO62/05/94088/2022 has been made the leading case. Where a complainant has booked a unit in Sushant Golf City, Ansal A.P.I. and paid Rs 2,56,752/- 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. aa 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 Ashwani Kumar Singla Registration number: IBBI/PA-00I/IP-P-02035/2020-202/I322, 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 i.e 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 LKO62050027/2022 Varhans Realestate Pvt.Ltd. LKO62/09/99984/2022 Neelima Chaudhary 3. | LKO62/09/00006/2022 Pushpa Gupta 4. | LKO8/09/99900/2022 Radhey Shyam Arya LKO62/09/9972/2022 Poonam Yadav | « | LKO62/06/9556/2022 Angnu Prasad LKO62/03/5480/2020 Nisha | 8. | LKO62/09/0072/209 MD Karnadhar Zz LKO62/02/5355/2020 | Geetesh Sharma | Karst (Kalpana Mishra) Member, UP RERA