9911796707
TMI Blog2020 (9) TMI 1111X X X X Extracts X X X X X X X X Extracts X X X X ..... ns/ counter affidavit/ paper book, we find that the objector is styled as Respondent, whereas in CA5/2020, this objector is not shown as the Respondent, to make itself as Respondent, this Objector has not even filed an impleadment application. He has not even filed Intervener Application. CA5/2020 is the application filed by the IRP u/s 13(6) r/w sec.31 and Sec.60(5) of the IBC for approval of the Resolution Plan citing successful resolution applicant (NBCC Limited) as R1, CoC of JIL through IDBI Bank as R2, dissenting authorized representative (AR) Kuldeep Verma as R3, AR for FD holders, Anshu Agarwal as R4 and Mr. Manoj Gaur MD representing suspended Board as R5, but whereas this person is no where shown as Respondent. In the first para ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ections or anything filed before, lower Courts or Tribunals basic requirement is, to raise grievance before Court of Law, aggrieved shall file an independent application, or if a person is cited as Respondent, then such Respondent can file reply. In these objections, we have not seen this person is cited as respondent in CA 5/2020. no independent application is filed. Therefore, we are of the view that this objector has no locus to raise such objections without following the procedure, hence these objections have been rejected without going into the merits of the objections. When we have passed this order, Counsel Mr. M.L. Lahoty appearing on behalf of Wishtown Home Buyers Welfare Society purportedly represented by Mr. Mitroo has drawn ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tiated or any reply is filed, it shall be filed in accordance with the Law. Moreover, Hon'ble Supreme Court of India has also categorically mentioned giving liberty to Wishtown Home Buyers Welfare Society that the said entity is at liberty to pursue the remedy in accordance with the law. But for the factual aspect itself is looking false because 1500 home buyers have not voted against the plan, the question of 1500 home buyers filing either objections or application before this bench will not arise. The Counsel Mr. Lahot has stated that he would supply the list of the home buyers. However, list has not even been mentioned in these objections, the question of granting any permission to provide list after passing this order will not ari ..... X X X X Extracts X X X X X X X X Extracts X X X X
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