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TMI Blog2025 (3) TMI 912X X X X Extracts X X X X X X X X Extracts X X X X ..... Sr. Adv. with Mr. Amit Sharma, Mr. Harneet Singh, Advs., Mr. Jayant Bhusan, Sr. Adv. with Mr. Ravi Shankar Nanda, Ms. Madhurima Sarangi, Mr. Amartya Bhushan, Mr. Varun Sharma, Advs., Mr. Sumesh Dhawan with Mr. Raghav Dembla, Ms. Kholi Rakuzhuro, Advs., Mr. Siddharth Nath with Mr. Anunay Chawdhary, Mr. Asjad Hussain, Advs. For the Respondents Through: Mr. Suhesh Dhawan with Mr. Raghav Dehbla, Ms. Kholi Rakuzhuro, Advs for GWA. Mr. Jagdish Chandar, CGSC with Mr. Shubham Kumar Mishra, Adv for UOI. Mr. Gaurav Mitra with Ms. Kanika Singhal, Ms. Vijeta Singh, Mr. Shivam Singh, Advs for M/s Three C Shelters Pvt. Ltd. Mr. Tanmaya Mehta with Mr. Jai Sikand, Advs for R/Suresh Kumari. Mr. J Sai Deepak, Sr. Adv. with Mr. Luv Virmani, AOR, Mr. Jai Sika ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Units in the Project Ace Palms Floors, Gurgaon to be the assets of M/s. Three C Shelters and even allowed liquidation of said properties to infuse funds in a group housing project, namely 'Greenopolis', having no nexus with the appellants herein. It is further stated that the CIRP qua M/s. Three C Shelters Pvt. Ltd. stood quashed by learned National Company Law Appellate Tribunal (NCLAT) vide order dated 28.08.2023, and the office of IRP was rendered functus officio, however, the respondent no. 3/ex-IRP, who had admittedly demitted office, continued to pursue matters regarding a CIRP which is non est as on date. 3. Mr. Jayant Bhushan, learned senior counsel for the appellant in LPA No. 1098/2024, leading the batch of matters, contends tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of the IRP. He contends that the impugned order to that extent is contrary to law. According to learned senior counsel, by mere affixation of Chaspa notice of taking possession of the flats, the IRP cannot take possession of such properties which do not belong to the Corporate Debtor i.e. M/s Three C Shelter. He vociferously contends that the impugned ex-parte order, being completely violative of the aforesaid procedure and also being bereft of any reasons as to why such drastic order was passed without as much as impleading the affected parties or even hearing such appellants, ought to be set aside. 4. The learned senior counsel also refers to the order dated 20.02.2025 passed in Suresh Kumari vs. Registrar of Companies & Ors, in W.P.(C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pon. 6. Having heard learned senior counsel for the parties as also other learned counsel, and after examining the impugned order, we are of the opinion that the matter needs consideration by the learned Single Judge of the pertinent issues raised by the appellants. 7. It is not disputed by any of the parties that the appellants in LPA No. 1097/2024, LPA No. 1098/2024 and LPA No. 1136/2024 were not arrayed in the memo of parties nor were they ever called upon to answer the issues raised in the underlying writ petition. Without having heard the appellants, orders affecting the valuable and substantial rights of the appellants were passed ex-parte. So much so that the properties claimed to be belonging to the appellants were not only allowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lying writ petition pending before the learned Single Judge. We request the learned Single Judge to take up the applications, if so filed, and dispose of the same with due expedition, preferably within a period of 30 days thereafter. 11. The aforesaid directions are also made available to the appellants/homebuyers in LPA No. 1133/2024 who may also avail the benefit of the same. 12. All rights and contentions of the parties are kept open. 13. No observations made herein shall tantamount to expression on merits of the case and the learned Single Judge shall consider the matter uninfluenced. 14. In order to maintain equities between the parties, we deem it appropriate to also direct the appellants as also the respondents to maintain status ..... X X X X Extracts X X X X X X X X Extracts X X X X
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