The National Company Law Appellate Tribunal (NCLAT), Principal Bench New Delhi recently comprising of a bench of Justice Ashok Bhushan and Ms. Shreesha Merla held that the decision taken by the homebuyers as a class is binding on every single homebuyer. (Sandeep Kumar Jain v. Anil Tayal)
Facts of the case
This Appeal was filed against the Order passed by the Learned Adjudicating Authority (National Company Law Tribunal, New Delhi, Special Bench) in New Ivn.P – 10/2022 & New Ivn.P – 11/2022.
The above two Applications were filed for intervention by the two Homebuyers. The Adjudicating Authority had observed that a class of Homebuyers are already represented in the matter. The Applicant has already filed the Application questioning rejection of the claim which is still pending before the Adjudicating Authority and thereby the Intervention Applications were rejected.
Aggrieved by the said Order, the Appellant has come up filing this Appeal.
Contention of the Parties
Learned Counsel for the Appellant submitted that even the authorised representation of the Homebuyer is not being provided for the relevant facts and information and hence Appellant had to file an Intervention Application.
Courts Observation and Judgment
The bench taking note of the facts of the cases and contention of the parties remarked, "We are of the view that Appellant as a Homebuyer has to go with class of Homebuyers and decision taken by the class of Homebuyers is binding. The authorised representative in the event of any difficulty, it is always open for him to approach the Resolution Professional and Adjudicating Authority, if so required."
The bench dismissing the appeal noted, "We are of the view that the Adjudicating Authority did not commit any error in rejecting the Intervention Application of the Appellant. There is no merit in the Appeal. The Appeal is dismissed."
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