Single Judge declining to entertain a company appeal and miscellaneous applications in an insolvency matter, holding that the matter must be pursued before the Company Court and Official Liquidator.
Appeal and miscellaneous applications disposed as infructuous without adjudication on merits.
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SH. AMARPREET SINGH OBEROI & ORS. ..... Appellants Through: Mr. Vishwendra Singh, Appellant No.8 in person.
versus
A N BUILDWELL PVT LTD & OTHERS. ..... Respondents Through: None.
CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE PRATHIBA M. SINGH O R D E R % 21.11.2017
We have heard Mr. Vishwendra Singh, appellant no.8 who has appeared in Court today. The contention of the appellants is that fraud has been played by the builders and the appellants have lost their hard earned money. He submits that the schemes propounded are just to delay the matter and are causing great harm and hardship to the appellants and the other bonafide purchasers.
We have examined the impugned order annexed as Annexure A-5 dated 23rd August, 2017. We do not perceive the said order as deciding or giving any finding against or in favour of any party. It is open to the appellants to raise the contentions and pleas before the Company Court as well as the Official Liquidator. We also clarify that in case there is any unusual delay and the appellants perceive that the matter is being prolonged, they can approach the Learned Single Judge.
With the aforesaid observations, we decline to entertain the present
company appeal of the appellants.
We clarify that we are not, in any way, adjudicating or recording any findings on merits. Miscellaneous applications are disposed of as infructuous.
SANJIV KHANNA, J
PRATHIBA M. SINGH, J
NOVEMBER 21, 2017/ dk
1 issue framed by the court
Whether the company appeal regarding alleged fraud by builders and loss of monies is maintainable.
SH. AMARPREET SINGH OBEROI & ORS.
A N BUILDWELL PVT LTD & OTHERS
SANJIV KHANNA
PRATHIBA M. SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
