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TMI Blog2025 (3) TMI 975X X X X Extracts X X X X X X X X Extracts X X X X ..... der dated 10.06.2024 passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench (Court- II) by which application IA No.2413 of 2024 filed by the Appellant has been rejected. 2. Brief facts necessary to be noticed for deciding the Appeal are:- 2.1. Appellant was allotted Flat No.C-103 on payment of Rs.29 lakhs on 04.06.2015. The entire payment of Rs.29 Lakhs was made by the UCO Bank to the corporate debtor by loan taken by the Appellant for payment against the flat. On 03.02.2018, Appellant requested the corporate debtor to cancel the allotment and clear the bank loan amount. Bank has initiated proceedings against the Appellant before the Debt Recovery Tribunal (DRT). Appellant filed a complaint before the UP RERA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cord. 3. We have heard Ms. Arohi Bhalla, Learned Counsel for the Appellant and Shri Sumant Batra, Learned Counsel for the Resolution Professional as well as Counsel for the SRA. 4. Counsel for the Appellant submits that the Appellant's claim has been accepted as 'unsecured financial creditor' whereas Appellant was entitled to be treated as homebuyer. It is submitted that the Appellant has not been treated as allottee of Flat No.103, C- Block. It is submitted that the Appellant is also entitled for the benefit of the judgment of the Hon'ble Supreme Court in "Vishal Chelani & Ors. vs. Debashis Nanda- Civil Appeal No.3806 of 2023". 5. Counsel for the Resolution Professional refuting the submission of the Appellant submits that the Appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 06.04.2021 filed by the Applicant, it has claimed to have been allotted the Unit No.103, C Block, detailed in Column Nos. 2 and 3 of the Table below. It is respectfully submitted that as per the records (software) of the Corporate Debtor, the unit mentioned at the table below in Sr. No.1 is a vacant inventory as per the records of the Corporate Debtor. It is pertinent to mention since their name didn't appear in the records of the Corporate Debtor with respect to the unit for which they had filed their claim and is a vacant inventory as per the records of the Corporate Debtor, thus, in the absence of this, they cannot be treated as Homebuyers. Detail of the Unit as per record of Corporate Debtor is provided in the Table below : Sr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Ld. counsel for applicant bank, this IA is hereby allowed and OA No.617/2018 is hereby dismissed as withdrawn. Original documents be returned to the applicant bank as per procedure. Pending application if any shall also be disposed off accordingly. File be consigned to records." 11. From the above, it is clear that the Appellant entered into settlement with the Bank and paid Rs.17 lakhs towards full and final settlement of the dues, hence, there are no bank dues with respect to the unit in question. Adjudicating Authority in the order although has noticed the amount of Rs.29 Lakhs is reflected as payable by the Corporate Debtor in its books of accounts and the Resolution Professional shall intimate the bank about the amount payable to th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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