TMI Blog2019 (12) TMI 1394X X X X Extracts X X X X X X X X Extracts X X X X ..... Professional was wrong in not entertaining the Claim as filed under Form CA meant for the Home Buyers. In any case, it is also pointed out by the Learned Counsel for the Resolution Professional that in relation to the T Nagar property it is not the asset of the Corporate Debtor presently as the same has been allotted and sold a long time back much prior to the initiation of CIRP. Hence, the claim also seems to suffer from delay and laches on the part of the Applicant in enforcing the claim. In the circumstance, on this count also, the delay on the part of the Applicant to exercise its remedy as against the Corporate Debtor also disentitles the Applicant to lodge the claim. From all the documents filed, it is seen that it is of the year 2011 and if at all any action based on the said documents for consideration is taken, should have been taken within a period of three years from the date of the said agreement which the Applicant has miserably failed. Application dismissed. - MA/433/2019 in CP/193/IB/2018 - - - Dated:- 31-12-2019 - R. Varadharajan, Member (J) and Anil Kumar B., Member (T) For the Appellant : M. K. Bhansali, PCS For the Respondents : Ravi Rajagop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Professional being lodged beyond the period of 90 days without having the delay being condoned before this Adjudicating Authority, and in the said circumstance, the delay in filing the claim is also a ground for not accepting the claim on the part of the Resolution Professional. It is also contended in the Reply that the claim is ex facie not supported by any proof of proper consideration having been paid by the Applicant as Home Buyer as there is an inconsistency between the records furnished namely, Cash Receipt as produced by Applicant and the registered documents namely the Sale Agreement dated 15.03.2011 as well as the Memorandum of Agreement dated 15.03.2011 in relation to T Nagar property for a sum of ₹ 17,40,000/- which according to the Applicant is for booking and allotment of which the payment has been made by the Applicant to the Corporate Debtor. 5. It is also brought to the notice of this Tribunal in the Reply filed by the Resolution Professional that the registered agreement of sale records that a sum of ₹ 2,60,000/- has been paid and balance is yet to be paid and the unregistered memorandum bears the recital that the entire sale consideration has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal also alleges in the Surrejoinder that the Applicant in the instant Application is acting in concert with two other Applicants in MA/432/2019 and MA/434/2019 in relation to the same Corporate Debtor in lodging their Claims before the Resolution Professional and seeking for their respective claim to be admitted without any genuineness, and in addition, as not being Home Buyer of the Corporate Debtor thereby disentitling them to make a Claim in Form CA specifically meant for the category of Home Buyers as prescribed in Regulations as the transactions seem to be not bona fide. 8. The parties were heard in detail. From the records as filed with the Application, it is seen that the document bearing 572/2011 is registered with Sub-registrar, T. Nagar, which is sought to be relied upon for the purpose of conveyance of undivided share of land as prescribed in the Schedule of property in the said registered documents. In addition, the Memorandum of Agreement as entered into between the parties dated 15.03.2011 is also sought to be relied on by the Applicant to establish that the monies which are figuring in the respective Sale Agreement or Memorandum of Agreement have been duly paid t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... position of the said two documents and contents that even though the entire payment of ₹ 7.6 Lakhs as agreed upon by the Applicant seems to have been paid on 15.03.2011 itself and in the circumstances as to why only ₹ 2.6 Lakhs has been reflected in the said registered document as having been paid and the balance amount of ₹ 5 Lakhs had been left out of the said amount of ₹ 7.6 Lakhs not acknowledged of having been received even though stated to have been received in cash on the same day itself. 12. Further, the filing of the claims in the capacity of the Home Buyers in Form CA, the Applicant has chosen to rely on the booking of T. Nagar property which can only be treated in the nature of speculation or in the alternative as security for financial transactions by way of loan, if any, given by the Applicant to the Corporate Debtor if taken in tandem with the Applicants in MA/432/2019 and MA/434/2019 who have acted in concert as evident from the documents executed and each other acting as witnesses and in the circumstance, filing of the claim in Form CA by the Applicant as Home Buyer is also not appropriate as the rights of the home buyers seem to stand on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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