Effectiveness of NCLT
Dear Friends,
I am pleased to share details about a recent order obtained by a fellow buyer of Solitaire City, Colonel Dr. Gautam, who is currently serving in the Indian Army.
Colonel Dr. Gautam had previously purchased two flats from two different builders. Due to construction delays, he approached the NCLT (National Company Law Tribunal), which, within Six months not only awarded him compensation but also ensured a revised possession date for his properties, through enclosed part settlement agreements.
Currently, Colonel Dr. Gautam, along with 32 other Solitarian City buyers, has filed a case in the National Consumer Disputes Redressal Commission (NCDRC) against delayed possession and interest claims. When he came to know that I am also filing case in NCLT, he called and consented to join with all others & shared his experience as testimony to the efficiency of the settlement process.
As a reference, I am enclosing copies of the orders he received, along with a record of our chat exchange for your kind perusal. However it may be noted that NCLT compromise is only valid for the petitioner’s listed as complainant.
Best regards,
Warmly,
Saxena V M
Secretary,
Petroleum Coal & Banking Executives Welfare Society
Visit us at pcb.net.in
+91 9990623304
Encl: WhatsApp’s Chat with Colonel Dr. Gautam
[15/12, 12:15] Solitaire Colonel Gautam: I was given 12.5 lacs as my assured returns of 5 years and also my unit vide this sec 7 application filed against Grand Venice. And this part settlement agreement clearly states that they will provide possession to me in 9 months failing which ill get 20000 per month
[15/12, 12:16] Solitaire Colonel Gautam: In this part settlement agreement with Supertech i got 10 lacs back as delayed penalty for my studio Appartment booked at Upcountry within 6 months of filing NCLT case..
[15/12, 12:17] Solitaire Colonel Gautam: So what i mean to say is that NCLT has not been filed by me to make any company insolvent.. its only the fear i give to builder of him getting removed from the management of the company he pays me my dues. So finally i have got my dues and also my unit
[15/12, 12:40] General Secretary PCBS: Thanks for sharing same
[15/12, 14:15] Solitaire Colonel Gautam: Yes..
[15/12, 14:15] Solitaire Colonel Gautam: One can file at NCLT also simultaneously
[15/12, 14:16] Solitaire Colonel Gautam: NCLT as such supersedes everything
[15/12, 14:16] Solitaire Colonel Gautam: And date of possession revision by rera for any builder is not related to what is mentioned in our BBA
[15/12, 14:16] Solitaire Colonel Gautam: Our date of possession is final whats mentioned in Bba with builder
[15/12, 14:17] Solitaire Colonel Gautam: The revised date of possession is just to extend his rera registration
[15/12, 14:17] Solitaire Colonel Gautam: Thats all
IN THE NATIONAL COMPANY LAW TRIBUNAL,
NEW DELHI COURT III
Item No. 303
IB-433(ND)/2022
IN THE MATTER OF:
M/s. Paisalo Digital Ltd …..APPLICANT/PETITIONER
Vs.
M/s. Solitaire Realinfra Pvt. Ltd. …..RESPONDENT
SECTION
U/s 7 of IBC, 2016 Order delivered on 19.10.2023
CORAM:
SHRI BACHU VENKAT BALARAM DAS, HON’BLE MEMBER (JUDICIAL)
SHRI ATUL CHATURVEDI, HON’BLE MEMBER (TECHNICAL)
PRESENT:
For the Applicant : Mr. Harshal Kumar, Advocate.
For the Respondent : Mr. Mrinal Harshvardhan, Mr. Sushant Dogra,
Mr. Yogendra Singh, Advocates.
ORDER
In compliance with the order dated 11.10.2023, the Corporate Debtor
has deposited the Draft No. 510995, drawn on ICICI Bank for an amount of
Rs. 5,00,000/- in the Bharat Kosh and also filed proof with the Registry on
the same day.
Learned Counsel appearing for the Financial Creditor has submitted
that the Corporate Debtor has paid the settled amount in default to the
satisfaction of the Financial Creditor and therefore, seeks to withdraw the
present petition.
IB-433/ND/2022 dismissed as withdrawn.
Sd/- Sd/-
(ATUL CHATURVEDI) (BACHU VENKAT BALARAM DAS)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)
Shammy
19.10.2023
