ABW Verona Hills Flat Buyers Association v. Satya Prakash Gupta

Delhi High Court · 15 Dec 2022 · 2022:DHC:5655
Tushar Rao Gedela
CM(M) 1409/2022
2022:DHC:5655
civil other

AI Summary

Delhi High Court urged the NCLT to expedite hearing of homebuyers’ applications pending since 2016 due to prolonged delay in possession.

Full Text
Translation output
Neutral Citation Number 2022/DHC/005655
CM(M) 1409/2022 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 15.12.2022
CM(M) 1409/2022
ABW VERONA HILLS FLAT BUYERS ASSOCIATION..... Petitioner
versus
SATYA PRAKASH GUPTA ..... Respondent For the Petitioner : Mr. Mushtaq Salim, Mr. Ranjay N. And Ms. Saiee G., Advocates.
Advocates who appeared in this case:
For the Respondent : None.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
TUSHAR RAO GEDELA, J. (ORAL)

1. Petitioner submits that the petitioners are all homebuyers, who are suffering on account of the delay in disposal of the applications filed before the National Company Law Tribunal (‘NCLT’) (hereinafter referred to as ‘the Tribunal’). [ The proceeding has been conducted through Hybrid mode ]

2. Mr. Mushtaq Salim, learned counsel who appears for the petitioner fairly submits that the Tribunal is over-burdened and despite the fact that it is making an earnest endeavour to dispose of the pending applications and petitions, but is unable to do so.

3. This Court is aware that there is a huge pendency before the learned Tribunal.

4. Keeping in view the fact that the petitioners herein are all Neutral Citation Number 2022/DHC/005655 CM(M) 1409/2022 2 homebuyers, who have been waiting for the possession of their flat since 2016, the Tribunal is requested, in the peculiar facts of this case, to accommodate and hear the applications, which have been filed by the present petitioners before it, at the earliest.

5. It is informed that the next date of hearing before the Tribunal is 11.01.2023. It is further informed that so far as the petitioners are concerned, the pleadings qua their applications are complete.

6. The Tribunal may consider the request so made and endeavour to take up the applications filed by the petitioner, if not on 11.01.2023, on any other convenient but short date or soon thereafter.

7. In view of the above, the petition is disposed of.

TUSHAR RAO GEDELA, J DECEMBER 15, 2022