GREEN AVENUE SOCIAL WELFARE SOCIETY v. SANJAY KUMAR CHAUDHARY

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

GREEN AVENUE SOCIAL WELFARE SOCIETY ...Appellant(s)

Vs.

SANJAY KUMAR CHAUDHARY & ORS. ...Respondent(s)

1. Applications for Substitution and Impleadment are

allowed.

2. This Civil Appeal is against the decision of the

National Company Law Appellate Tribunal (NCLAT) setting aside

the order of Special Bench, NCLT comprising of Single Member

(Judicial), acting as the adjudicating authority admitting an

application under Section 9 IBC 2016, on the solitary ground

that the said Member (Judicial) has not been authorized by the

President under Proviso Section 419(3) to exercise the powers

of the Tribunal.

3. The appellant is an association consisting of home

buyers who have invested in a real estate project called Green

Avenue promoted by JBK Developers Pvt. Ltd., the corporate

debtor. An operational creditor, M/S Creative Infraheights

Pvt. Ltd. initiated proceedings under IBC by filing an

application under Section 9 of the Code for resolution of

insolvency of the corporate debtor.

4. The application under Section 9 was listed before Court

No. IV, a Special Bench of a Member (Judicial), acting as the

adjudicating authority from 10.02.2020 to 14.02.2020. The

Bench heard the petition on 14.02.2020 and reserved it for

orders. Orders were pronounced on 17.08.2020 a...