FORM-1

BEFORE THE LD. NATIONAL COMPANY LAW TRIBUNAL,

CHANDIGARH BENCH, CHANDIGARH

I.A. NO. _______ OF 20XX.

IN

I.A. NO.110 OF 20XX

IN

PETITION NO. 210/CHD/CHD/20XX

IN THE MATTER OF:

XXXXXXXX & ORS.                                  ....PETITIONERS

                                            VERSUS

M/S.XXXXXXXX PVT. LTD.                      ...RESPONDENT

INDEX

DATE                                                                APPLICANT

         THROUGH

PLACE                                     

  XXXXXXXX & ASSOCIATES

Office no. XXXX Delhi-1100XX

 Mob. XXXXXXXXXX

Email- XXXXXXXXX@yahoo.in

FORM-1

BEFORE THE LD. NATIONAL COMPANY LAW TRIBUNAL,

CHANDIGARH BENCH, CHANDIGARH

I.A. NO. _______ OF 20XX.

IN

I.A. NO.110 OF 20XX

IN

PETITION NO. 210/CHD/CHD/20XX

IN THE MATTER OF:

XXXXXXXX & ORS.                                  ....PETITIONERS

VERSUS

M/S.XXXXXXXX PVT. LTD.                      ...RESPONDENT

NOTICE OF MOTION

The party named above requests that the Tribunal may be pleased to grant the following relief:

a)   An order allowing the present Application and thereby restoring the Application bearing IA No. XXX/20XX of the Applicant

b)   Such other and further orders as this Hon’ble Authority may deem fit and proper in the facts and circumstances of the case.

DATE                                                                APPLICANT

            THROUGH

PLACE                                     

  XXXXXXXX & ASSOCIATES

Office no. XXXXX Delhi-1100XX

 Mob. XXXXXXXXXX

Email- XXXXXXX@yahoo.in

FORM-1

BEFORE THE LD. NATIONAL COMPANY LAW TRIBUNAL,

CHANDIGARH BENCH, CHANDIGARH

I.A. NO. _______ OF 20XX.

IN

I.A. NO.110 OF 20XX

IN

PETITION NO. 210/CHD/CHD/20XX

IN THE MATTER OF:

XXXXXXXX & ORS.                                  ....PETITIONERS

VERSUS

M/S.XXXXXX PVT. LTD.                          ...RESPONDENT

URGENT APPLICATION

To,

The Registrar,

National Company Law Tribunal,

Chandigarh

Dear Sir,

The accompanying Interlocutory Application may kindly be treated as urgent in accordance with the NCLT Rules. The Grounds of urgency are:

“Restore IA No. XXX/20XX filed by the applicant to its original number and decided on merits”

Thanking you.

DATE                                                                APPLICANT

           THROUGH

PLACE                                     

  XXXXXXXX & ASSOCIATES

Office no. XXXXX Delhi-1100XX

 Mob. XXXXXXXXX

Email- XXXXXXXX@yahoo.in

FORM-1

BEFORE THE LD. NATIONAL COMPANY LAW TRIBUNAL,

CHANDIGARH BENCH, CHANDIGARH

I.A. NO. _______ OF 20XX.

IN

I.A. NO.110 OF 20XX

IN

PETITION NO. 210/CHD/CHD/20XX

IN THE MATTER OF:

XXXXXX & ORS.                                       ....PETITIONERS

VERSUS

M/S. XXXXXXX PVT. LTD.                          ...RESPONDENT

INTERLOCUTORY APPLICATION UNDER RULE 48(2) READ WITH RULE 11 OF THE NCLT RULES, 2016, FOR RESTORATION OF I.A. BEARING NO.110/20XX FOR IMPLEADMENT AND CONDONATION OF DELAY IN FILING THE PRESENT APPLICATION.

The Applicant hereby submits this application for restoration of the application bearing IA No.XXX/20XX filed under Section 60(5) of IBC, 20XX for impleading the applicant as one of the petitioners and the applicant has invested his hard-earned money in the said project but has not got possession of his units from the respondent till date;

The details for the purpose of this application are set out below:-

i.            Jurisdiction of the Bench;

The Applicant declares that the subject matter of the Interlocutory Application is within the jurisdiction of the Bench.

ii.           Limitation:

The IA bearing No. XXX//20XX for impleadment of the applicant was dismissed due to non-appearance on XX.XX.20XX. Without prejudice to the aforesaid, it is pertinent to mention that the Hon’ble Supreme Court vide its order dated XX/XX/20XX had further extended the limitation period in the filing of all proceedings till XX/XX/20XX. The said order excluded the period from XX/XX/20XX to XX/XX/20XX for the purpose of limitation and it provides a XX days extension from XX/XX/20XX that effectively also excludes the limitation period in the present application. The applicant further declares that the Interlocutory Application is within the limitation laid down by this Hon’ble Tribunal.

iii.         Facts of the case are given below:

(a)  That in the year 200X, M/s XXXXX Private Limited, the respondent herein, launched a scheme of developing, allotting, and selling industrial workspace/design studios at “XXXXX Zone” “XXXXX Technology Park” Sector XX, X.X.X Nagar, XXX Punjab(hereinafter to be referred as ‘Said Project’), under Buy Back Scheme and the applicant filed two separate Application Forms and applied for 2 units in the said project on XX.XX.200X and submitted the same along with cheque no. XXXXX dated XX drawn on ___ Bank, for Rs. XXXXX/- and cheque no. XXXX dated XX.XX.20XX drawn of _____ Bank for Rs. XXXXX/- and submitted to the respondent. That the respondent issued two different Receipt No. XXX dated XX.XX.20XX and Receipt No. XXX dated XX.XX.200X for the same in favor of the applicant.

               (C). That the respondent issued a letter dated XX.XX.200X to applicant, informing that his booking of 2 unit (s) space in the said Project has been approved by their Board and the allotment money of Rs. XXXXX/- is due by XX.XX.20XX. The respondent sent a letter dated XX.XX.20XX to the applicant, informing that it has received an application confirming receipt of payment Rs. XXXX/- and informing that the applicant has been allotted XXX Square Feet of a super area in Design Studio 2 in the Building called Block A1 on 6^th Floor units in the Industrial Knowledge (XXXXXX Technology) Park, Sector XX XXXX, Punjab on Free Hold basis

(d) That the applicant paid the allotment money of Rs. XXXX/- in favor of respondent vide cheque no. XXXX dated X.XX.20XX in favour of respondent and respondent issued a Receipt No. XXX dated XX.XX.20XX for the same in favour of the applicant. The respondent sent a letter dated XX.XX.20XX asking for payment of 1^st installment (third payment) of Rs. XXXX/- to the applicant, which is due on XXXX.

(h) That the applicant made the payment of Rs. X,XX,XXX/- vide cheque no. XXXXX dated XX.XX.20XX drawn on Citi Bank, and the respondent issued a Receipt No. XXX dated XX.XX.20XX in favor of the applicant. The respondent sent a letter dated XX.XX.20XX to the applicant, intimating for payment of X installment money (Fourth Payment) amounting to Rs. XXXX/-. The respondent sent a letter dated XX.XX.20XX to the applicant informing that handover of the units of the applicant will be made by mid-20XX. The respondent sent a letter dated XX.XX.20XX to the applicant informing that the applicant is entitled to minimum lease rent of Rs. XXXXX/- per unit until the space is not leased out to the end user after possession of the unit, and further informed that the project will be completed by XXXX. The respondent also sent another letter dated XX.XX.20XX to the applicant informing that his units will be handed over to him between XX.XX.20XX to XX.X.20XX.

(i)   The applicant visited many a time during the year 20XX to 20XX but did not find any construction activities to ensure that the applicant would get his units timely from the applicant by XX.XX.20XX, and later the applicant came to know that the respondent company has stopped responding to its Buyers it is including the applicant herein.

(j)   That the applicant has now come to know in the last week of November 20XX through Mr. XXXXXX, who is the main petitioner, that he along with other investors/buyers in the said project of respondent, have filed a petition before this Hon’ble Tribunal against the respondent.

(k) That since the applicant has also been cheated at the hands of the respondent, and only upon knowing that a petition is pending before this Hon’ble Court, the applicant hereby submits his application under section XX (5) of the IBC, 20XX. The applicant filed an application vide IA No. XXX/20XX before this Tribunal for implead himself as one of the petitioners in the present case.

(l)   That on XX.XX.20XX the matter was listed and counsel for the applicant joined the matter through web-based video conferencing (VC), but due to poor connection and connectivity with the VC connection of the Tribunal and continues interrupted in connection, the applicant was unable to connect and join VC due to interrupted / poor connection. Resulting which the matter was unattended and later on applicant come to know that the application of the applicant was dismissed due to non-appearance. Hence the present application.

Grounds :-

(a)          That on XX.XX.20XX the matter was listed and counsel for the applicant joined the matter through web-based video conferencing), but due to poor connection of the internet and connectivity with the VC connection the Tribunal was interrupted and not connected, hence the applicant unable to connect with VC due to interrupted / poor connection. Hence the matter was unattended and later on applicant come to know that the application of the applicant was dismissed due to non-appearance. The non-appearance of the applicant was neither intentional nor deliberate but due to the aforesaid reason, if the IA110/2022 is restored, no prejudice will be caused to the other party.

(b)         In view of the law laid down by the various Hon’ble High Courts that the ultimate object of procedural law is to see that substantial justice is done to the parties and hence the Tribunal / Courts should endeavor to see that the disputes are resolved on merits in just, fair and reasonable manner and cannot be dismissed on technical grounds.

(c)          That in case the dismissal order dated XX.XX.20XX is not set aside and the impleadment application is not decided on merits then the applicant shall suffer an irreparable loss and injury, which cannot be compensated in terms of money.

(d)         That it is humbly submitted before this Hon’ble Tribunal that the non-appearance of the Applicant as well as the delay caused in filing the present application was an inadvertent error and completely non-deliberate. The non-appearance and delay in filing the present application is a result of the surrounding circumstances including but not limited to the COVID pandemic, Applicant’s also lack of technological knowledge.

(e)          That without prejudice to the aforesaid, it is pertinent to mention that the Hon’ble Supreme Court vide its order dated XX/XX/20XX had further extended the limitation period in filing of all proceedings till XX/XX/20XX. The said order excluded the period from XX/XX/20XX to XX/XX/20XX for the purpose of limitation and it provides a XX days extension from XX/XX/20XX that effectively also excludes the limitation period in the present application.

(f)           That it is stated that the Applicant was diligent in pursuing his case and the non-appearance for the proceedings are completely circumstantial and unintentional.

(g)          That this Hon’ble Tribunal has the power to allow the present application of the Applicant.

(h)         That the application for restoration was filed before this Hon’ble Tribunal within the stipulated period but the there was some clerical mistake since the same application was filed in A4 format and this tribunal needs to get the entire application in A6 format and therefore, the applicant could not file the same before this Hon’ble Tribunal and therefore filing the same.

(i)           That the Applicant herein requests this Hon’ble Adjudicating Authority to consider the present facts of the case in hand, and by exercising the powers enshrined under Rule 48(2) read with Rule 11 of the NCLT Rules, 2016.

iv.          Relief(s) Sought:-

The Applicant humbly prays as under:

a)            This Hon’ble Adjudicating Authority may be pleased to allow the present Application by passing an Order for restoring the Application bearing IA No. XX/20XX exercising its powers under Rule 48(2) read with Rule 11 of the NCLT Rules.; and

b)           Restore the application bearing IA No.XX/2022 which was dismissed for non-prosecution on XX.XX.20XX to its original number and decided on merits, in the interest of justice.

c)            Your Lordship may be pleased to grant any other relief as it may deem fit in the interest of justice.

v.           In support of this Application, the Applicant has attached an affidavit verifying the facts on which the Applicant relies on the said Application.

The Applicant has paid the requisite fee online via _____________

DATE                                                                APPLICANT

            THROUGH

PLACE                                     

  XXXXXXXX & ASSOCIATES

Office no. XXXXXX Delhi-1100XXX

 Mob.- XXXXXXXX

Email- XXXXXXXX@yahoo.in

FORM-1

BEFORE THE LD. NATIONAL COMPANY LAW TRIBUNAL,

CHANDIGARH BENCH, CHANDIGARH

I.A. NO. _______ OF 20XX.

IN

I.A. NO.110 OF 20XX

IN

PETITION NO. 210/CHD/CHD/20XX

IN THE MATTER OF:

XXXXXXX & ORS.                                     ....PETITIONERS

VERSUS

M/S.XXXXXXXXXX PVT. LTD.                   ...RESPONDENT        

AFFIDAVIT VERIFYING

INTERLOCUTORY APPLICATION

I, XXXXXXX, S/o Late Sh. XXXXXX, R/o- H.No- XXXX,  the above named deponent do hereby solemnly affirm and declare as under:

1.           That I am the Applicant in the above matter and as such am competent and well conversant with the facts of the present case and therefore, in a position to swear and file this affidavit.

2.           That the application annexed hereto has been prepared by my advocate under my instructions and based on the information and documentation provided by me. That I say that the contents mentioned in the accompanying Application have been explained to me in the vernacular language, Hindi, and I, the deponent, hereby say that the contents of the said application are true and correct to the best of my knowledge and belief and based on the records available with me.

3.           That I say that nothing material has been concealed herein, and all information and documentation available with me have been duly provided.

DEPONENT

VERIFICATION

Verified on this __ the day of April, 20XX at New Delhi that the contents of this affidavit are true & correct to the best of my knowledge and belief and nothing has been concealed therefrom.

DEPONENT