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2023 (12) TMI 946 - HC - Indian LawsSeeking immediate action in furtherance to the lock and seal notice and demolish the unauthorised construction of the building - HELD THAT - When the matter is taken up for hearing, the learned Standing Counsel appearing for the Chennai Corporation/3rd respondent would state that the building in question is now under lock and seal and to settle scores between the parties, they have to approach the appropriate Forum. Seeking to contribute funds for completing the construction of the unfinished apartments and also to compensate the home buyers for the inordinate delay in completion of the construction and for other reliefs - HELD THAT - It has been stated that though M/s. Vasavi Builders /25th respondent herein is a partnership firm, most of the financial transactions of Vasavi Builders with that of the Home Buyers were exercised in the Account of M/s.Vasavi Housing and Infrastructure Limited. Further, Section 60(3) of Insolvency and Bankruptcy Code 2016 clearly states that any case relating to the Corporate Debtor pending in any Court or Tribunal shall be transferred to the Adjudicating Authority (NCLT Chennai) dealing with the Insolvency Resolution Process or Liquidation Proceedings of such Corporate debtor. In the present case, the connected proceedings are pending before National Company Law Tribunal, therefore, any further action can be settled before NCLT. Petition closed.
Issues involved:
The issues involved in this case are related to the initiation of action under the Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 for demolishing unauthorized construction of a building, and the connection of the case to proceedings before the National Company Law Tribunal. Initiation of Action under Acts: The Writ Petition was filed to direct respondents 1 to 3 to take action under the Tamil Nadu Town and Country Planning Act, 1905 and the Chennai City Municipal Corporation Act, 1919 to demolish an unauthorized building. The Court noted that the building in question was already under lock and seal, and suggested that the parties should resolve the matter through the appropriate forum. Connection to National Company Law Tribunal: It was brought to the Court's attention that related proceedings were pending before the National Company Law Tribunal in Chennai. An application filed before the Tribunal sought directions for the petitioner to contribute funds for completing construction and compensating home buyers for delays. The application highlighted that under Section 60(3) of the Insolvency and Bankruptcy Code 2016, cases related to a Corporate Debtor should be transferred to the Adjudicating Authority, which in this case is the NCLT Chennai. As the connected proceedings were already before the NCLT, any further actions were to be settled there. Closure of Writ Petition: Considering the above circumstances, the Writ Petition was closed with the petitioner given liberty to approach the appropriate forum as per the law, with no costs imposed on any party.
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