I.A. 664/ND/2025 (Dismissed)

  • Applicant: RABWA (Successful Resolution Applicant)
  • Respondents: Prateek Jain (erstwhile shareholder) and Manoj Kumar (President of RAH Flatier Association)
  • Relief Sought: Penal action under Section 74 of IBC for alleged obstruction of resolution plan implementation through misinformation, influencing landowners, and creating WhatsApp groups to derail the process.
  • Tribunal's Analysis: The application was primarily based on WhatsApp messages, which were inadmissible as evidence due to lack of certification under Section 65B(4) of the Indian Evidence Act. The Tribunal held that informal communications alone do not constitute wilful contravention under Section 74 of IBC. No independent evidence of actual obstruction was presented.
  • Final Outcome: Application dismissed. No penalties or restraining orders issued.

I.A. 827/ND/2025 (Allowed)

  • Applicant: RABWA
  • Respondents: Krishna (landowner), Vishal Choudhary, Bhudh Prakash Tyagi (purchasers), and District Magistrate, Ghaziabad
  • Relief Sought: Declaration that sale agreements dated 21.10.2021 (during moratorium) for land measuring 209 sq. mts each are null and void; cancellation of registration; restraining further transactions.
  • Tribunal's Analysis: The land was part of the Corporate Debtor's assets based on a sale agreement dated 08.01.2016. The subsequent sales during moratorium (effective from 02.09.2019 to 11.06.2024) violated Section 14(1)(d) of IBC. The Tribunal rejected the respondents' contention that the Corporate Debtor never had valid title, emphasizing that the moratorium protects assets under resolution.
  • Final Outcome: Application allowed. Sale agreements declared void; Respondent No.4 (Sub-Registrar) directed not to register any further transactions without Tribunal's permission.

I.A. 2946/ND/2025 (Allowed)

  • Applicant: RABWA
  • Respondents: Rajkumari, Seema, Jagsharan (landowners) and Sub-Registrar, Ghaziabad
  • Relief Sought: Restraining respondents from creating third-party interests or carrying out commercial activities (e.g., soil excavation) on project land (Khasra No. 1109, Village Morta, Ghaziabad).
  • Tribunal's Analysis: The land was essential for the resolution plan. The respondents initially cooperated but later refused, potentially disrupting plan implementation. The Tribunal emphasized the need to preserve assets for the benefit of homebuyers.
  • Final Outcome: Application allowed. Respondents restrained from creating third-party interests or excavating soil; Sub-Registrar directed not to register any documents without Tribunal's permission.

I.A. 1099/ND/2025 (Dismissed with Fines)

  • Applicants: Naresh Kumar, Brijesh Kumar, Ravinder Kumar (landowners)
  • Respondents: Manju J Homes India Ltd, RABWA, Anurag Nirbhaya (RP)
  • Relief Sought: Recall of order dated 11.06.2024 to exclude Khasra No. 1109 from the asset pool based on a civil court decree dated 29.02.2024 that declared a sale deed (04.03.2015) null and void due to dishonored cheques.
  • Tribunal's Analysis: The civil suit was filed during moratorium, violating Section 14 of IBC. The registered sale deed (04.03.2015) acknowledged full payment, and the claim was time-barred. The decree was obtained without impleading the Resolution Professional and during CIRP, making it unenforceable. The applicants' conduct was deemed an abuse of process.
  • Final Outcome: Application dismissed. A fine of ₹2,00,000 each imposed on applicants for wilful contravention of moratorium under Section 74(2) of IBC, payable to the Prime Minister's National Relief Fund.

Final Outcome

The NCLT's rulings ensure the protection of assets critical to the resolution plan's implementation, dismissing unsubstantiated claims of obstruction while penalizing attempts to undermine the moratorium. The successful resolution applicant (RABWA) is empowered to proceed with project development, safeguarding the interests of homebuyers.

Topics: Insolvency Resolution, Moratorium Compliance, Land Disputes