TMI Blog2021 (10) TMI 768X X X X Extracts X X X X X X X X Extracts X X X X ..... , Palash Singhai and Rachit Mittal, Advs. for Raj Kumar ORDER Abni Ranjan Kumar Sinha, Member (J) 1. The present application is filed by the RP for issuance of directions to the NOIDA authority for granting the Occupation and Completion Certificate to the project Victory Crossroads developed by the CD. The CD had applied for issue of OC CC on 30.12.2014. 2. Brief Facts of the case are as follows: i. That this Hon'ble Tribunal was pleased to appoint the applicant as Interim Resolution Professional of the Corporate Debtor vide its order dated 10.10.2019, while admitting the Company Petition 1896/2019 filed by the Financial Creditor. ii. That the public announcement in this regard was made on 13.10.2019 in the Newspapers Financial Express and Jansatta and the claims were also invited. iii. That the IRP had intimated to both the Directors of the Corporate Debtor i.e. Mr. Anil Gupta and Mr. Ramesh Rao vide letter dated 14.10.2019 and a reminder was also sent to both the Directors on 08.11.2019 and on 04.12.2019. The IRP had also intimated the major shareholder AA Realcon Pvt. Ltd. on 14.10.2019 as well as by email dt. 17.10.2019. iv. That the IR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agement to the authority and reminders were issued by the authority on 13.07.2017 and 12.12.2019. xiv. That after the commencement of CIRP on 10.10.2019, the IRP wrote the letters to NOIDA Authority on 15.02.2020, 25.02.2020, 14.03.2020, 29.05.2020, 30.06.2020 06.07.2020. In response to these letters person visits, a letter dated 08.07.2020 was received from Noida Authority with a bunch of copies of the communication. xv. That as per the letter dated 08.07.2020, Noida Authority has asked for depositing the compounding fees and providing the other necessary documents - non encumbrance certificate, NOC from Fire Department, NOC from Ministry of Environment, Labour cess, structure stability certificate, payment receipts of water electricity department, consent letter from flat buyers, NOC for establishment Operation of Lifts, Establishment of STP etc. xvi. That in the month of July, RP has applied for regular water sewage connection at the project site. In response to application dated 01.07.2020 filed by the RP, the Noida Authority have issued a water challan for ₹ 70,85,766/- to be deposited in the account of Noida Authority by CD. This amount is in ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. That the answering Respondent, in compliance of the order dated 13.10.2020, filed an affidavit on 02.11.2020, annexing the scrutiny report of the documents submitted by the Resolution Professional. f. That the RWA had also filed its affidavit in compliance of the order dated 13.10.2020, on 04.11.2020; along with the required documents. g. That the applicant again filed an affidavit dated 12.12.2020 with regard to the submission of the further documents with the answering Respondent. Thereafter, the applicant again filed an affidavit dated 08.01.2021 mentioning the further documents submitted with the answering Respondent. h. After submission of the documents, the answering respondent again conducted a scrutiny and as per the scrutiny, following documents are still pending for submission: 1. Water bill payment receipt 2. No dues certificate from Group Housing Department 3. Environment NOC 4. Consent to operate issued by the U.P. Pollution Control Board 5. No dues certificate from labour cess department 6. Compounding charges for an amount of ₹ 16,23,67,173/- 7. Solid Waste Management documents i. That the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned in para 2 (i) in reply of respondent: a. The CD has no funds to pay the water charges amounting to more than ₹ 70 lakhs. b. The relevant certificate is to be issued by the respondent itself. c. Environment NOC was never asked for vide the letter dated 13.07.2017 issued by the NOIDA. Environment letter as asked in their letter 13.07.2017 has already been submitted with Respondent. d. We have already applied for the same and are in constant touch with the department. e. Applicant is in touch with the labor department for issuance of No Due Certificate . f. Compounding charges have been levied by the NOIDA and is the point of contention between both the parties. These charges have been calculated wrongly and revised arbitrarily. Moreover, the authority is leveling the interest for a period, during which the authority itself was negligent and its negligence has led to siphoning of funds by the ex-management of CD. g. Solid waste management plant has been introduced in 2019 and present CD is not having any funds to install the same and the needful will be done in future. ii. The issuance of the OC/CC and water/sewer connection are cov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upied/residing in the flats as well as it is also the responsibility of the RWA, who had entered into an maintenance agreement to maintain the society to pay the payment of current water bills. Therefore, they are directed to pay the current bills within one month from the date of order. ii. So far the compounding charges are concerned, since it is prior to the initiation of CIRP, therefore, these claims are required to be raised by the respondent before the RP and on this ground, in view of the order passed by the Hon'ble Supreme Court in matter of Amarpali Group Case (WPC (C) 940/2017, Order dt. 23 July 2019), the respondent/NOIDA Authority cannot refuse to issue the occupancy certificate and NOC. iii. So far the other certificate as referred to in the application i.e. no due certificate from Group Housing Department, Environment NOC, consent to operate issued by UP Pollution Control Board No due certificate from Labour Cess Department are concerned, the RP is directed to take necessary steps to obtain these certificates and if these certificates are produced by the RP before the NOIDA Authority then the NOIDA Authority is directed to issue OC/CC certificate subje ..... X X X X Extracts X X X X X X X X Extracts X X X X
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