Locus standi of the appellant to file an appeal against the ...

Appellant Lacks Standing to Appeal Insolvency Application; No Stake or Allottee Status in Real Estate Project.

November 26, 2024

Case Laws     IBC     AT

Locus standi of the appellant to file an appeal against the admission of a Section 7 application under the Insolvency and Bankruptcy Code (IBC) and the fulfillment of the threshold requirement for filing such an application. The key points are: The appellant, who is neither an allottee of the real estate project nor has any stake in it, lacks the locus standi to challenge the order admitting the Section 7 application. The application was filed by financial creditors in a class, alleging default by the corporate debtor in delivering possession of units within the agreed time. The application fulfilled the threshold requirement of being filed by at least 10% of the allottees, as it was filed by 29 out of 255 allottees. The Appellate Tribunal found no grounds to interfere with the impugned order and dismissed the appeal.

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