SURESH KUMARI Vs. REGISTRAR OF COMPANIES

JUDGEMENT

(1.) This order shall decide CM APPL. 10599/2024, moved by the applicant/respondent No.7, Mr. Vidur Bhardwaj, and CM APPL. 11516/2024, moved jointly by applicant/respondent No. 12, Mr. Pratap Singh Rathi, and applicant/respondent No.13, Mr. Ajay Kumar, for the ACE Group of Companies, seeking the recall of the impugned interim order dtd. 2/2/2024, passed by this Court on the CM APPL. 6519/2024, moved on behalf of the petitioner in the instant writ proceedings.

(2.) Shorn of unnecessary details, the petitioner, who is a homebuyer, claims to have purchased a plot from respondent No.3, M/s. Three C Shelters Private Limited ['TCSPL'], in a real estate project named 'Greenopolis', which was envisioned to be developed in Sector 89, Gurugram, Haryana. Allegations were made against respondent No.3/TCSPL and its Ex-promoters/directors/ management, who are arrayed as respondents No. 6, Mr. Nirmal Singh; respondent No. 7, Mr. Vidur Bhardwaj; respondent No. 8, Mr. Surpreet Suri; respondent No. 9, Mr. Rajeev Bisoya; and respondent No. 10, Mr. Girish Chander Joshi ' along with others, accusing them of allegedly siphoning off approximately Rs.1,664.00 crores collected from innocent homebuyers into its various shell/sister concerns. This misappropriation led to respondent No.3/TCSPL being subjected to proceedings under the IBC 'Insolvency and Bankruptcy Code, 2016' before the NCLT 'National Company Law Tribunal', Delhi, with nearly 536 investors/claimants/homebuyers lodging their claims before the IRP 'Interim Resolution Professional' in CP IB No. 2721/2019.

(3.) It appears that while the matter was pending before the NCLT, three reports were submitted by the IRP, namely Mr. Pradeep Kumar Kaushik, and the Status Report dtd. 9/8/2023, which, inter alia demonstrated as to how and in what manner the Ex-promoters/directors/management of respondent No.3/TCSPL had been siphoning off the funds. However, it is submitted that the investors/claimants/homebuyers suffered a setback when the NCLAT 'National Company Law Appellate Tribunal', vide order dtd. 28/8/2023, set aside the entire CIRP 'Corporate Insolvency Resolution Process' proceedings. Aggrieved by this, the homebuyers' association, respondent No. 4/Greenopolis Welfare Confederation, preferred Civil Appeal Nos. 6792-6796/2023 before the Supreme Court, whereby vide order dtd. 13/10/2023, the parties were directed 'to maintain status quo including with regard to assets of the company (in liquidation) i.e. respondent No.3/TCSPL'.