IN THE NATIONAL COMPANY LAW TRIBUNAL,

PRINCIPAL BENCH, NEW DELHI

I.A. NO.OF 2023

IN
I.A. NO. 3648 OF 2021
IN
COMPANY PETITION (IB) NO. 1083 (PB) OF 2018

IN THE MATTER OF:

Krishna Shankar Rai & Ors. .....Applicants

Versus
Udayraj Patwardhan, RP,
Adel Landmarks Ltd. Respondent

AND IN THE MATTER OF:

Edelweiss Asset Reconstruction Co. Ltd Financial Creditor

Versus
Adel Landmarks Ltd. Corporate Debtor

PAPER BOOK

I.A. NO. OF 2023

Application under Rule 48(2) r/w Rule 11 of NCLT Rules,

2016 seeking Restoration of present application by recalling
Order dated 14.12.2023.

[M.L LAHOTY]
[PABAN K. SHARMA]
[ANCHIT SRIPAT]
Advocates
B 11 Sagar Apartments
6 Tilak Marg, New Delhi 110 001
Dated: December 18th, 2023 Tel: 2338 1886 / 7802
 IN THE NATIONAL COMPANY LAW TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI

I.A. NO. OF 2023

IN
I.A. NO. 3648 OF 2021
IN
COMPANY PETITION (IB) NO, 1083 (PB) OF 2018
IN THE MATTER OF:

Krishna Shankar Rai & Ors. ... Applicants

Versus
Udayraj Patwardhan, RP,
Adel Landmarks Ltd. ... Respondent

AND IN THE MATTER OF:

Edelweiss Asset Reconstruction Co. Ltd. ....Financial Creditor

Versus
Adel Landmarks Ltd. ...Corporate Debtor

INDEX

S.N. Particulars Pages

1. Memo of Parties 1 3

2. Application under Rule 48(2) r/w Rule 11 of 4 10

NCLT Rules, 2016 seeking Restoration of
present application by recalling Order dated
14.12.2023 with affidavit

3. ANNEXURE-A 11 13
Copy of Order dated 14.12.2023.

4. Proof of Service 14

[PABAN K. SHARMA]
[ANCHIT SRIPAT]
Advocates
B 11 Sagar Apartments
6 Tilak Marg, New Delhi 110 001
Dated: December 18th, 2023 Tel: 2338 1886 / 7802
 1
IN THE NATIONAL COMPANY LAW TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI

I.A. NO.OF 2023

IN
I.A. NO. 3648 OF 2021
IN
COMPANY PETITION (IB) NO. 1083 (PB) OF 2018
IN THE MATTER OF:

Krishna Shankar Rai & Ors. ... Applicants

Versus
Udayraj Patwardhan, RP,
Adel Landmarks Ltd. ... Respondent

AND IN THE MATTER OF:

Edelweiss Asset Reconstruction Co. Ltd. ....Financial Creditor

Versus
Adel Landmarks Ltd. ...Corporate Debtor

MEMO OF PARTIES

1, Krishna Shankar Rai

H.No. 248, Block A, Phase I,
Qutab Vihar, Delhi-110071

2. Surender Kumar Khobar

B-170, Duggal Colony, Khanpur Extn.
Devli Road, New delhi-110062

3. Ajay Kumar Khobar

B-170, Duggal Colony, Khanpur Extn.
Devli Road, New delhi-110062

4. Jasjit Singh Bakshi

368, Pocket C, Mathura Road,
Sarita Vihar, New delhi

5. Jai Prakash Shukla

G-2/103, Southend Apartments
Charmwood Village, Eros Garden,
Faridabad, Haryana
6. Pradeep Mahato
Bl/1, ICD Staff Colony,
Near Tughlakabad, Railway Colony
Tughlakabad, New Delhi-110044

7 Rajiner Kumar
V. Bhainswal, P.O. Rajakheri,
The. And Distt. Panipat,
Haryana-132103

8. Kumar Animesh
Director's Bunglow No.3
Koyla nagar, Dhanbad

9 Uttam Kumar Sahu

B-6/1004, Orris Carnation Resdency
Sector 85, Gurgaon-122004

10. Sanjeev Rajan Prasad

B-7/204, KLG Greens, Sector 77,
Near neemka Village, Faridabad

11. Gulshan Gohrani

22, Ram Nagar, Thakur,
Ajmer, Rajasthan - 305001

12. Dhananjay Puran

F-3/113, Southend Apartment
Faridabad, Haryana

13. Hardeep Singh

M-17, Third Floor, Kalkaji
New Delhi-110019

14. Amarnath Upadhayay

A-26, 2nd Floor, Flat No. 1,
Chhattarpur ectension,
New Delhi-110074

15. Jayalakshmi Nair

R-213, DLF New Town Heights
Sector 90, Gurgaon-122005

16. Ashish Kothari

B-304, Godrej Garden City,
Ahmedabad
 3
17, Ved Prakash Rupam
22, Ranjit Singh Block
Asian Games Village,
New Delhi-110049

18. Gulshan Mitroo

293/17, Faridabad,
Haryana

Through the Authorised Signatory

Mr. Yeeshu Jain ...Appellant
(s)

Versus

Mr. Udayraj Patwardhan

Resolution Professional
Adel Landmarks Private Limited
Having office at
Sumedha Management Solutions Private Limited,
C-703, Marathon Innova, Off G.K. Marg,
Lower Parel West, Mumbai-400013
Email Id-adell@sumedhamanaqement.com

...Respondent

[M.L. LAHOTY]
[PABAN K. SHARMA]
[ANCHIT SRIPAT]
Advocates
B 11 Sagar Apartments
6 Tilak Marg, New Delhi 110 001
Dated: December 18th, 2023 Tel: 2338 1886 / 7802
 IN THE NATIONAL COMPANY LAW TRIBUNAL
PRINCIPAL BENCH, NEW DELHI

I.A. NO.OF 2023

IN
I.A. NO. 3648 OF 2021
IN
COMPANY PETITION (IB) NO. 1083 (PB) OF 2018
IN THE MATTER OF:

Krishna Shankar Rai & Ors. ... Applicants

Versus
Udayraj Patwardhan, RP,
Adel Landmarks Ltd. ... Respondent

AND IN THE MATTER OF:

Edelweiss Asset Reconstruction Co. Ltd. ....Financial Creditor

Versus
Adel Landmarks Ltd. ...Corporate Debtor

APPLICATION UNDER RULE 48(2) R/W RULE 11 OF

NCLT RULES, 2016 SEEKING RESTORATION OF

PRESENT APPLICATION BY RECALLING ORDER

DATED 14.12.2023

MOST RESPECTFULLY SHOWETH :

1. By the present application, the Applicants are seeking

restoration of the present Application [I.A. No.3648 of 2021] from

this Hon'ble Tribunal by recalling the Order dated 14.12.2023

whereby the Application has been dismissed for non-prosecution and

being infructuous.
 5
2. That 18 Home Buyers of the Project Edel Divine Court, Sector-

76, Faridabad had filed the Application [I.A. No. 3648 of 2021] for

taking the possession of their respective "Low Rise" units on "as is

where is basis".

3. The Application was listed several times in 2021- 22 alongwith

the main Company Petition (IB) No.1083 (PB) of 2018 including those

on 11.05.2021, 06.07.2021, 28.08.2021, 12.10.2021, 24.11.2021,

17.12.2021, 01.06.2022 wherein Mr. Puneet Singh Bindra alongwith

Ms. Simran Jeet and Mr. Akshay Goel had been appearing for the

Applicants.

4. It is submitted that 15.07.2022 onward the matter has been

represented by the Office of Mr. M.L. Lahoty and at least on nine

occasions, i.e. on 15.07.2022, 12.08.2022, 31.08.2022, 02.11.2022,

13.03.2023, 19.04.2023, 05.07.2023, 28.08.2023 and 26.09.2023.

Not only that, the Applicants have been regularly represented but

some effective directions have also been passed in the Application

including (a) the direction dated 15.07.2022 to COC to consider the

prayer by the Applicants to take delivery on "as is where is basis" and

(b) on 05.07.2023 directing meeting on 06.07.2023 among the

Counsel for the Applicants, the Resolution Professional and Mr.

Sanjay Bhatt, Advocate.

5. On 14.12.2023, the Application was listed as Item No.302

before the Bench No.3 at 2.30 PM when one of the Applicants

requested short adjournment since main counsel Mr. M.L. Lahoty was

arguing a matter in the Hon'ble Supreme Court. However, as

conveyed by the Applicants, without considering the aforesaid

request, the Hon'ble Bench dismissed the Application for non­

prosecution as well as being infructuous relying on the submissions

made by the counsel for RP that the Resolution Plan had been

approved by COC.

Copy of Order dated 14.12.2023 is annexed herewith as

ANNEXURE-A

6. Immediately after finishing the arguments before the Hon'ble

Supreme Court and Court No.l of Delhi High Court, Mr. M.L. Lahoty

and learning that the Application had been dismissed on the ground

of non-prosecution as well as for the reason of its having become

infractuous, logged in and mentioned bringing to the notice of the

Hon'ble Bench on 14.12.2023 itself at around 4.30 pm reasons for

his bonafide and circumstantial non-appearance. However, no

direction was passed and the Hon'ble Bench rose for the day.

7. On the very next morning on 15.12.2023 Mr. M.L. Lahoty yet

again mentioned the matter before the Hon'ble Bench seeking recall

of the order by drawing attention of the Hon'ble Bench to the factors

causing his bonafide non-appearance. However, the Hon'ble Bench

of the view that it had already passed the order to which the Counsel

for the Applicants submitted that an appropriate application seeking

recall of the order dated 14.12.2023 would be immediately file. It

was also requested on behalf of the Applicants that the order may

kindly be uploaded on the website of this Hon'ble Tribunal.

8. In the circumstances, the present application is moved for

restoration of the Application by recalling the order dated 14.12.2023

considering the facts that the Applicants have been diligently

prosecuting their remedies before this Hon'ble Tribunal through the

representations by their Lawyers from time to time and on

14.12.2023 the failure of the counsel to appear on behalf of the

Applicants had occasioned due to factors stated hereinabove. The

non-appearance thus being unintentional and bonafide may kindly be

considered for the recall of the order dated 14.12.2023.

9. It is further submitted that the Order dated 14.12.2023 is

required to be recalled for the yet another reason that while this

Hon'ble Tribunal is seized of the scrutiny of the Resolution Plan under

Section 31 of IBC, the Application cannot be dismissed on the ground

of having become infructuous because of the COC had approved the

Resolution Plan.
 3
10. The present application is moved bonafide and in the interest

of justice.

PRAYER

It is most respectfully prayed that this Hon'ble Tribunal may

graciously be pleased to;

[a] pass appropriate order directing restoration of the Application

(I.A. No.3648 of 2021] by recalling order dated 14.12.2023

passed by this Hon'ble Tribunal in the Application;

[b] pass such further or other order[s] as this Hon'ble Tribunal may

deem fit and proper in the facts and circumstances of the

present case.

[M.L. LAHOTY]
[PABAN K. SHARMA]
[ANCHIT SRIPAT]
Advocates
B 11 Sagar Apartments
6 Tilak Marg, New Delhi 110 001
Dated: December 18th, 2023 Tel: 2338 1886 / 7802
 INDIA NON JUDICIAL

Government of National Capita! Territory of De hi

e-Stamp

Certificate No. IN-DL14045646664643V

VLESHU LAIS %ETSHI.

Certificate Issued Date 16-Dec-2023 11:03 AM
Account Reference IMPACC (SH)/ dlshimpl7/ HIGH COURT/ DL-DLH
Unique Doc. Reference SUBIN-DLDLSHIMP1792040428051374V

> !N
Purchased by YEESHU JAIN
Description of Document Article 4 Affidavit

U
Property Description Not Applicable

‘ .t
Consideration Price (Rs.) 0
(Zero)

JAIN
First Party YEESHU JAIN
Second Party Not Applicable
Stamp Duty Paid By YEESHU JAIN

K
Stamp Duty Amount(Rs.) 10

•
(Ten only)

V f? I
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J.AJN
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 IN THE NATIONAL COMPANY LAW TRIBUNAL,
PRINCIPAL BENCH, NEW DELHI

I.A. NO. OF 2023

IN
I.A. NO. 3648 OF 2021
IN
COMPANY PETITION (IB) NO. 1083 (PB) OF 2018

IN THE MATTER OF:

Krishna Shankar Rai & Ors. ... Applicants

Versus
Udayraj Patwardhan, RP,
Adel Landmarks Ltd. ... Respondent

AND IN THE MATTER OF:

Edelweiss Asset Reconstruction Co. Ltd. ....Financial Creditor

Versus
Adel Landmarks Ltd. ...Corporate Debtor
AFFIDAVIT
I, Yeeshu Jain, son of Late Sh. Yogender Kumar Jain, aged about 50 years,
Office at M-13 A, Jangpura Extn., New Delhi-110014, do hereby solemnly affirm
and state as under :

1. I am the Power of Attorney Holder of the all Applicants and well conversant
with the facts and circumstances and as such I am duly authorized and fully
competent to swear the present affidavit on behalf of all the Applicants.

2. I state that the contents of the accompanying Interlocutory Application are

true and correct to the best of my knowledge and belief and derived from records
of the case.

mV* !
DEPONENT
VERIFICATION :

I, the abovenamed deponent do hereby verify at New Delhi on this Jpilay

of December, 2023 that the contents of my above affidavit are true and correct,
no part of it is inc rect and nothing material has been concealed therefrom.

ATI- deponent
AR DAS
ADVO^ATf
CYV^NOTARV PllF''-'n
, VV GOV?: OF IND»*>

NEW DELHI
 11
IN THE NATIONAL COMPANY LAW TRIBUNAL, NEW DELHI
COURT-III

Item No.302
IA-3648/2021CA-2590/2019IA-2157/2021IA-5581/2020IA-2798/2021
IA-4150/2021IA-732/2021
In
(IB)-1083(PB)/2018
IN THE MATTER OF:
Edelweiss Asset Reconstruction Company Ltd .... APPLICANT/PETITIONER
Vs.
Adel Landmarks Ltd .... RESPONDENT

SECTION
U/s 7 of (IBC) CIRP Order delivered on 14.12.2023

CORAM:
SHRI BACHU VENKAT BALARAM DAS, HON’BLE MEMBER (JUDICIAL)
SHRI ATUL CHATURVEDI HON’BLE MEMBER (TECHNICAL)

PRESENT:
For the Applicant : Mr. Rajiv Dewan, Advocate in IA-732/2021
For the Respondent :

ORDER

IA-3648/2021 IA-5581/2020 IA-2798/2021:-

These applications have been filed seeking the following prayers

a. Direct the Resolution Professional to hand over the possession of the

respective dwelling units allotted to the Applicants herein on an 'as is
where is basis' and to take all necessary steps in this regard; or
b. In the alternative to the prayer above, direct the Resolution Professional
to take all necessary steps for completion of the units and execution of
all necessary documents for transfer of title in favour of the Applicants
herein and further direct the Resolution Professional to take all
necessary steps for handover of possession of the respective units
allotted to the Applicants herein;
c. Any other order / direction which this Hon'ble Tribunal deems fit in the
interest ofjustice, fairness, and equity.
 None appears for the Applicant. Mr. Bhatt, Ld. Counsel appearing for the
Resolution Professional has submitted that the prayers in the application do
not survive any longer in view of the approval of the Resolution Plan by the CoC
and the application has become infructuous.

The application is dismissed both on the ground of non-appearance on

behalf of the Applicant as well as on the ground of being infructuous.

CA-2590/2019:-

This application has been filed seeking the following prayers:-

i. Allow the present application, and;

ii. Direct the Insolvency Resolution Professional in the matter to
discharge all the five assets / flats namely (A) Flat / Unit No.
D/05-4, ad-measuring approximately super area of 1200 Sq. Feet,
tower 3(d), fifth floor in the project redwood Residency, Village-
Faridpur Sector-78, Faridabad, Haryana; (B) Flat Unit No. D/12-4,
ad-measuring approximately super area of 1200 Sq. Feet, Tower
3(D), 12th Floor in the Project Redwood Residency, Village-
Faridpur, Sector-78, Faridabad, Haryana: (C) Flat / Unit No. D/14-
3, admeasuring approximately super area of 1200 Sq. Feet, tower
3(D), 13 TH Floor in the Project Redwood Residency, Village-
Faridpur, Sector-78, Faridabad, Haryana; (D) Flat / Unit No.
D/18-3, admeasuring approximately super area of 1200 Sq.Feet,
tower 3(d), 17 TH Floor in the Project Redwood Residency, Village -
Faridpur, Sector-78, Faridabad, Haryana; (E) Flat / Unit No. 1/09-
3, ad- measuring approximately super area of 1200 Sq. Feet, Tower
6(1), 9 TH Floor in the Project Redwood Residency, Village-
Faridpur, Sector-78, Faridabad, Haryana and handover the
possession thereof to the authorized officer of the Applicant herein
and;
iii. Pass any other/further order(s) in favour of the Applicant to serve
the interest of justice.”

None appears for the Applicant. Mr. Bhatt, Ld. Counsel appearing for the
Resolution Professional has submitted that the prayers in the application do
 13
not survive any longer in view of the approval of the Resolution Plan by the CoC
and the application has become infructuous.

The application is dismissed both on the ground of non-appearance on

behalf of the Applicant as well as on the ground of being infructuous.

IA-732/2021:-

Mr. Bhatt, Ld. Counsel appearing for the RP seeks time to file reply
affidavit. One week time granted.

List the matter on 02.01.2024.

IA-4150/2021 & IA-2157/2021:-

These applications have been wrongly listed today.

List on 19.12.2023.

Sd/- Sd/-
(ATUL CHATURVEDI) (BACHU VENKAT BALARAM DAS)
MEMBER (TECHNICAL) MEMBER (JUDICIAL)

Mamta
14.12.2023
1/3/24, 3:24 PM Yahoo Mail - Service of Application for Restoration of I.A. No.3648/2021

14
Service of Application for Restoration of I.A. No.3648/2021

From: madan lahoty (ml_lahoty@yahoo.co.in)

To: sanjay.bhatt@kesardass.org; ruchi.goyal@kesardass.org; vipasha@viajure.in; apoorva.chowdhury@kesardass.org;

sumant.batra@kesardass.org; adell@sumedhamanagement.com; payal@viajure.in

Date: Wednesday, 3 January, 2024 at 03:03 pm IST

Please find enclosed herewith the Application for Restoration of I.A. No.3648/2021 in CP/IB/1083/PB/2018

Regards.

Office of Mr. M.L. Lahoty

Advocate for 92 Home Buyers.

Krishna Shankar Rai.pdf

0 959.3kB

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