BEFORE THE NATIONAL COMPANY LAW TRIBUNAL

BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

INTERVENTION APPLICATION

INDEX

Place: Chandigarh
Date: ___. 01.2022
APPLICANTS/INTERVENORS

THROUGH COUNSELS

LEX LIS LAW OFFICES

Mr. Siddharth Bhatli / Lashita Dhingra
Chamber No. 103, Lawyers Chamber Block 1,
Delhi High Court, New Delhi.
Ph. No. +919899423924

E-Mail Id- [email protected]

[email protected]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

INTERVENTION APPLICATION

MEMORANDUM OF PARTIES

IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

Registered Office At:

Shop No. – 41, Upper Ground Floor,
C-Block, Shushant Vypar Kendra,
Shushant Lok, Phase-1, Gurgaon, Haryana-12202
E-Mail: [email protected]
Phone No: 8448141290
…CORPORATE APPLICANT
VERSUS
1. TWENTY SEVEN INFOCARE PRIVATE LIMITED
Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok-l, Gurugram, Haryana 122001
E-mail : [email protected]
Phone No.: 8800325743

…CORPORATE DEBTOR

2. ROSMERTA INFRASTRUCTURE PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok- 1, Gurugram, Haryana l22001
E-mail : [email protected]
Phone No.: 88003 25743

…CORPORATE DEBTOR
 3. STAR CARE REAL ESTATE PRIVATE LIMITED
Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok- 1, Gurugram, Haryana l22001
E-mail : [email protected]
Phone No.: 88003 25743
…CORPORATE DEBTOR

4. RADOX TRADEX PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade.
Sushant Lok-l, Gurugram, Haryana l2200l
E-mail : [email protected]
Phone No.: 88003 25743
…CORPORATE DEBTOR

5. SS PREMIUM HOMES PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok- 1, Gurugram, Haryana l2200l
E-mail: [email protected]
Phone No.: 88003 25743
…CORPORATE DEBTOR

IN THE MATTER OF:

M/s SPLENDOR LANDBASE LIMITED

Registered Office At:
Unit Nos. 501-511, Splendor Forum,
5th Floor, Jasola District Centre,
New Delhi-110025
…APPLICANT/INTERVENOR

VERSUS

1. TWENTY SEVEN INFOCARE PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok-l, Gurugram, Haryana 122001
E-mail : [email protected]
Phone No.: 8800325743

…CORPORATE DEBTOR

2. ROSMERTA INFRASTRUCTURE PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok- 1, Gurugram, Haryana l22001
E-mail : [email protected]
Phone No.: 88003 25743

…CORPORATE DEBTOR

3. STAR CARE REAL ESTATE PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok- 1, Gurugram, Haryana l22001
 E-mail : [email protected]
Phone No.: 88003 25743
…CORPORATE DEBTOR

4. RADOX TRADEX PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade.
Sushant Lok-l, Gurugram, Haryana l2200l
E-mail : [email protected]
Phone No.: 88003 25743
…CORPORATE DEBTOR

5. SS PREMIUM HOMES PRIVATE LIMITED

Office No. 250, UG, Block-H, Sushant Arcade,
Sushant Lok- 1, Gurugram, Haryana l2200l
E-mail: [email protected]
Phone No.: 88003 25743
…CORPORATE DEBTOR

Place: Chandigarh
Date: ___. 01.2022

THROUGH COUNSELS

LEX LIS LAW OFFICES

Mr. Siddharth Bhatli/ Lashita Dhingra
Chamber No. 103, Lawyers Chamber Block 1,
Delhi High Court, New Delhi.
Ph. No. +919899423924

E-Mail Id- [email protected]

[email protected]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

INTERVENTION APPLICATION

SYNOPSIS

That M/s Aparna Ashram Society and M/s Shree Damodar Corporation
approached the Intervenor for development of 26 acres of lands situated at
Village Silokhara, Tehsil & District Gurugram by constructing thereon a project
and for sale and marketing thereof and entered into a Collaboration Agreement
dated 08.06.2010 with the Intervenor company wherein the M/s Aparna
Ashram Society is the owner of the said land, M/s Shree Damodar Corporation
is the confirming party and Intervenor is the Developer and valuable rights in
the said land were created in favor of the Intervenor as the entitlement of the
Intervenor from the 26 acres of land was 75% of the total saleable built up area
and the entitlement of M/s Aparna Ashram Society and M/s Shree Damodar
Corporation was jointly 25% of the total saleable built up area.
In addition to the abovementioned Collaboration Agreement, M/s Aparna
Ashram Society also executed a General Power of Attorney dated 08.06.2010 in
favor of the Intervenor and M/s Shree Damodar Corporation also handed over
possession of the subject land to the Intervenor vide possession letter dated
09.06.2010.
That however behind the back of the Intervenor, on 19.08.2020, M/s Aparna
Ashram Society and M/s Shree Damodar Corporation entered into an
Agreement to Sell with the Corporate Debtors who agreed to purchase 24
23.993 acres of land out of the subject lands for an amount of Rs.
55,06,50,000/-. On 18.12.2020, behind the back of the Intervenor, M/s
Aparna Ashram Society and M/s Shree Damodar Corporation executed a Sale
Deed in favor of the Corporate Debtors and thereafter got the said Sale Deed
registered on 24.12.2020 which fact the Intervenor came to know after the
execution and registration of Sale Deed vide newspaper reports. The Deputy
Commissioner-cum-Registrar, Gurugram vide order dated 27.12.2020 set aside
the Registration Deed/ Sale Deed executed and registered by M/s Aparna
Ashram Society and M/s Shree Damodar Corporation in favor of the Corporate
Debtors No. 2 to 5 herein.
That on 06.01.2021, the Corporate Debtors filed CWP No. 494 of 2021 titled as
“Radox Tradex Pvt. Ltd. & Ors. Vs. State of Haryana & Ors.” before the Hon’ble
High Court of Punjab & Haryana against the Order dated 27.12.2020 of setting
aside sale deed. On 12.01.2021, the Intervenor filed C.M. No. 1070 of 2021 in
CWP No. 494 of 2021 seeking impleadment.
That on 21.01.2021, the Intervenor filed a petition under Section 9 of the
Arbitration and Conciliation Act, 1996 vide O.M.P.(I) (COMM.) No. 25 of 2021
titled as “M/s Splendor Landbase Ltd. Vs. M/s Aparna Ashram Society &
Anr.” before the Hon’ble High Court of Delhi for grant of interim protection
with regard to the subject lands. On 25.01.2021, the Hon’ble High Court of
Delhi was pleased to order that all the parties shall maintain status quo qua
the subject land.
That on 28.01.2021, the Hon’ble High Court of Punjab & Haryana in CWP No.
494 of 2021 directed to stay the proceedings before the Sub-Registrar,
Wazirabad, pertaining to registration of cancellation deed and further directed
all the parties to maintain status quo qua the subject lands.
That on 28.01.2021, the Corporate Debtors gained knowledge about the status
quo order dated 25.01.2021 passed by the High Court of Delhi and on
24.02.2021 Mr. Sachin Kaushik, Ex-Director and on behalf of the Corporate
Debtor No.2 M/s Radox Tradex Pvt. Ltd. moved an application for impleadment
vide I.A. No. 3130 of 2021 in the Section 9 Petition.
That from April-May 2021, the beneficiaries of the subject lands under the
shield of corporate veil Corporate Debtor wilfully and deliberately changed the
entire directorship and sold shareholding of Corporate Debtors No.2 to 5 their
companies to Corporate Debtor No.1 M/s Twenty Seven Info Care Pvt. Ltd. just
to obstruct the impleadment of the status quo order dated 25.01.2021 as
directed passed by the Hon’ble High Court of Delhi and status quo order dated
28.01.2021 passed by the Hon’ble High Court of Punjab & Haryana and defeat
the legitimate rights of the Intervenor in the subject lands.
That on 23.07.2021, the Intervenor filed civil contempt petition under Section
12 of the Contempt of Courts Act, 1971 read with Article 215 of the
Constitution of India vide CCP(O) No. 23 of 2021 against the Corporate Debtors
for deliberate defiance and wilful disobedience of the Order dated 25.01.2021
passed by the Hon’ble High Court of Delhi in O.M.P. (I)(COMM.) No. 25 of 2021.
That on 02.07.2021 the Economic Offences Wing, Mandir Marg, New Delhi
registered FIR No.91/2021 against Trustees and Partners of M/s. Aparna
Ashram Society and M/s. Damodor Corporation and Corporate Debtors No.2 to
5 and their directors who had executed the said sale deed dated 24.12.2020
u/s 409, 420, 120B IPC on the complaint filed by the Intervenor against the
above named accuseds for the cheating, criminal breach of trust, dishonestly
inducing delivery of property, dishonestly or fraudulently removal or
concealment of property, criminal conspiracy and other offences committed by
the accused against the Intervenor qua the subject lands.
That on 02.08.2021, the beneficiaries of the subject lands under the shield of
corporate veil the Corporate Debtors willfully and deliberately again changed
the directors of Corporate Debtor No. 2 to 5 ship just to obstruct the
impleadment of the status quo order dated 25.01.2021 and made mockery of
the said status quo order passed by the Hon’ble High Court of Delhi and defeat
the legitimate rights of the Intervenor in the subject lands.
That on 07.09.2021, the Ld. Single Judge of this Hon’ble High Court disposed
of the CCP(O) No. 23 of 2021.
M/s Krrish Realtech Private Limited, another Company whose Ex-Director
is Mr. Sachin Kaushik who was also Ex-Director of Corporate Debtor No.2 at
the time when the said sale deed was registered and said two status quo orders
were passed by two High Courts, has initiated an alleged “Pre-Packaged
Insolvency Resolution Process” against itself in the Hon’ble National Company
Law Tribunal, New Delhi. The said Insolvency Application has been filed by the
Appellant/Respondent with a malafide and a fraudulent intention in collusion
with the Promoters, Directors and Shareholders of the M/s Krrish Realtech
Private Limited Appellant /Respondent for the sole purpose of evading the
siphoned-off funds worth several hundred Crores which have been received
from the Allottees/Investors which is evident from the Balance Sheets of M/s
Krrish Realtech Private Limited the Applicant and the Status Report which the
Economic Offence Wing, Delhi Police, Mandir Marg, New Delhi had s filed in
the Hon’ble Delhi High Court in the matter of FIR No.30 of 2019 registered at
PS EOW, New Delhi against M/s Krrish Realtech Private Limited & Anr. u/s
409, 420, 120B IPC. The present Intervenor, who has parted with Rs.12.725
Crores in the alleged plotted colony of M/s Krrish Realtech Private Limited and
its group company was cheated by its Promoters and others, was allowed to file
an Intervention Application, which was admitted by the Hon’ble Tribunal and
M/s Krrish Realtech Private Limited was directed to file a Reply. Further, M/s
Krrish Realtech Private Limited approached the Hon’ble National Company Law
Appellate Tribunal and the Appellate Tribunal upheld the Order of the Hon’ble
Adjudicating Authority.

That the Corporate Debtors herein have deliberately and wilfully initiated a
sham pre-package insolvency resolution process where in fact there is no
insolvency in the present matter and to siphon off the funds of the Intervenor
amongst several other allottees and investors and defeat the legitimate rights of
the Intervenor in the subject lands.

Place: Chandigarh
Date: ___. 01.2022

THROUGH COUNSELS

LEX LIS LAW OFFICES

Mr. Siddharth Bhatli/ Lashita Dhingra
Chamber No. 103, Lawyers Chamber Block 1,
Delhi High Court, New Delhi.
Ph. No. +919899423924

E-Mail Id- [email protected]

[email protected]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

INTERVENTION APPLICATION

LIST OF DATES AND EVENTS

S. Dates Events
No.
20.12.2002 Intervenor herein is, namely M/s. Splendor
Landbase Limited is a Company which was
incorporated under the provisions of the
Companies Act, 1956.
1. 08.06.2010 The Intervenor entered into a Collaboration
Agreement with respect to 26 Acres of
lands situated at Village Silokhara, Tehsil
& District, Gurugram, Haryana with M/s
Aparna Ashram Society and M/s Shree
Damodar Corporation. M/s Aparna Ashram
Society also issued GPA in favor of the
Intervenor.
2. 09.06.2010 M/s Shree Damodar Coporation handed
over the possession of the subject lands to
the Intervenor company.
06.05.2019 In the matter of a Related Party Company,
namely, M/sd Iceberg Developers Pvt. Ltd.
whose Director is Mr. Sachin Kaushik
initiated its own Corporate Insolvency
Resolution Process (“CIRP”) the Hon’ble
National Company Law Tribunal was
pleased to pass an Order wherein the
Hon’ble Tribunal imposed costs and noted
that the said Applicant initiated the CIRP
by playing fraud with its creditors and the
Hon’ble Tribunal.
3. 16.08.2020 Mr. Ankur Shakya, representative of M/s
Shree Damodar Corporation shared draft of
Agreement to Sell with respect to the
 subject lands on Whatsapp with Mr.
Vikram Bhatia, Managing Director of the
Intervenor company thereby wanting the
Intervenor to purchase the subject lands.
4. 19.08.2020 Behind the back of the Intervenor, M/s
Aparna Ashram Society and M/s Shree
Damodar Corporation entered into an
Agreement to Sell with the Corporate
Debtors herein with regard to the subject
lands.
5. 18.12.2020 Behind the back of the Intervenor, M/s
Aparna Ashram Society and M/s Shree
Damodar Corporation executed a Sale Deed
in favor of the Corporate Debtor with
regard to the subject lands.
6. 23.12.2020 The Order for manual registration of
abovementioned Sale Deed was withdrawn.
7. 24.12.2020 M/s Aparna Ashram Society, M/s Shree
Damodar Corporation and the Corporate
Debtors registered the abovementioned
Sale Deed with the Registrar, Gurugram.
8. 27.12.2020 The Deputy Commissioner-cum-Registrar,
Gurugram set aside the sale deed dated
18.12.2020 registered on 24.12.2020.
9. 03.01.2021 The Intervenor filed a complaint to the
Commissioner, Gurugram and others with
respect to the registration of the alleged
sale deed.
10. 06.01.2021 The Corporate Debtors Nos. 2 to 5 filed
CWP No. 494 of 2021 before the Hon’ble
High Court of Punjab & Haryana against
the order dated 27.12.2020 of setting aside
sale deed.
11. 12.01.2021 The Intervenor filed C.M. No. 1070 of 2021
seeking impleadment in CWP No. 494 of
2021.
11. 14.01.2021
12. 21.01.2021 The Intervenor filed a petition under
Section 9 of the Arbitration and
Conciliation Act, 1996 vide O.M.P.(I)
(COMM.) No. 25 of 2021 titled as M/s
Splendor Landbase Ltd. Vs. M/s Aparna
Ashram Society & Anr. before the Hon’ble
High Court of Delhi for grant of interim
protection of the subject lands.
13. 25.01.2021 The Hon’ble High Court of Delhi in O.M.P.
(I)(COMM.) No. 25 of 2021was pleased to
order that all the parties shall maintain
status quo qua the subject land.
14. 28.01.2021 The Hon’ble High Court of Punjab &
Haryana in CWP No. 494 of 2021 directed
to stay the proceedings before the Sub-
Registrar, Wazirabad, pertaining to
 registration of cancellation deed and
further directed all parties to maintain
status quo qua the subject lands.
15. 24.02.2021 After attaining knowledge on 28.01.2021 of
the status quo order dated 25.01.2021
passed by the High Court of Delhi by the
Corporate Debtors, Mr. Sachin Kaushik
Ex-Director and on behalf of M/s
RadoxTradex Pvt. Ltd. moved an
application for impleadment vide I.A. No.
3130 of 2021 in O.M.P. (I)(COMM.) No. 25
of 2021.
16. April-May The Corporate Debtors No. 2 to 5 wilfully
2021 and deliberately changed the entire
directorship and sold shareholding of their
companies to Corporate Debtor No.1 M/s
Twenty Seven Info Care Pvt. Ltd. just to
obstruct the impleadment of the status quo
orders dated 25.01.2021 and 28.01.2021.
09.04.2021 Ministry of Corporate Affairs Notified the
Insolvency and Bankruptcy (Pre-Packaged
Insolvency Resolution Process) Rules, 2021
02.07.2021 Economic Offences Wing, Mandir Marg,
New Delhi registered FIR No.91/2021
against Trustees and Partners of M/s.
Aparna Ashram Society and M/s. Damodor
Corporation and Corporate Debtors No.2 to
5 and their directors who had executed the
said sale deed dated 24.12.2020 u/s 409,
420, 120B IPC on the complaint filed by
the Intervenor against the above named
accuseds for the cheating, criminal breach
of trust, dishonestly inducing delivery of
property, dishonestly or fraudulently
removal or concealment of property,
criminal conspiracy and other offences
committed by the accused against the
Intervenor qua the subject lands
17. 23.07.2021 The Intervenor filed civil contempt petition
under Section 12 of the Contempt of
Courts Act, 1971 read with Article 215 of
the Constitution of India vide CCP(O) No.
23 of 2021 against the Corporate Debtors
for deliberate defiance and wilful
disobedience of the Order dated
25.01.2021 passed by the High Court of
Delhi in O.M.P. (I)(COMM.) No. 25 of 2021.
18. 02.08.2021 The Corporate Debtors No. 2 to 5 wilfully
and deliberately again changed the
directorship just to obstruct the
impleadment of the status quo orders dated
25.01.2021 and 28.01.2021 and made
mockery of the said status quo order.
 19. 07.09.2021 The Ld. Single Judge of this Hon’ble High
Court disposed of the CCP(O) No. 23 of
2021.
21.10.2021 First hearing of the Pre-Packaged
Insolvency Resolution Application of
M/s Krrish Realtech Private Limited,
wherein Mr. Sachin Kaushik is a
Director, there were several objectors who
objected to the Pre-Packaged Insolvency
Resolution Process. The Hon’ble National
Company Law Tribunal, New Delhi after
carefully considering the objections,
directed the objectors to file their
objections and the Applicants to file a
reply, if any before the next date of hearing,
that is, 23.11.2021.
23.11.2021 M/s Krrish Realetch Private Limited was
directed to file a Reply by the Hon’ble
National Company Law Tribunal, New
Delhi to file a reply to the objections which
were IA-32/2021, IA-33/2021, IA-
34/2021, IA-35/2021 (IA-35/2021 is the
IA filed by the present Intervenor) and IA-
5344/2021.
02.12.2021 Hon’ble High Court of Punjab & Haryana
allowed the impleadment application being
C.M. No. 1070 of 2021 in CWP No. 494 of
2021 filed by the Intervenor.
03.12.2021 M/s Krrish Realetch Private Limited filed
an Appeal in the Hon’ble National
Company Law Appellate Tribunal Principal
Bench, New Delhi, Company Appeal (AT)
(Ins.) No. 1008, 1009, and 1010 of 2021
without arraying anyone as a Respondent.
On the first date of hearing, several
objectors appeared and opposed to the
entire process. The Hon’ble Appellate
Authority was pleased to direct that the
objectors would be heard.
21.12.2021 Hon’ble National Company Law Appellate
Tribunal Principal Bench, New Delhi,
upheld the Order of the Adjudicating
Authority to let Intervenors file their
Intervention Applications and to be heard.
19.01.2022 Letter to EOW by the Intervenor regarding
investigation of FIR No.91/21 u/s
420/406/120B IPC PS EOW, Delhi.

20. __.01.2022 Hence the present Intervention.

Place: Chandigarh
Date: ___. 01.2022

THROUGH COUNSELS

LEX LIS LAW OFFICES

Mr. Siddharth Bhatli/ Lashita Dhingra
Chamber No. 103, Lawyers Chamber Block 1,
Delhi High Court, New Delhi.
Ph. No. +919899423924

E-Mail Id- [email protected]

[email protected]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

INTERVENTION APPLICATION

OBJECTIONS BY AND BEHLAF OF THE ABOVE-MENTIONED INTERVENOR

AGAINST THE PRE-PACKAGED INSOLVENCY RESOLUTION PROCESS OF
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS. U/S 54 C OF
THE INSOLVENCY AND BANKRUPTCY CODE, 2016 READ WITH RULE 11
OF THE NATIONAL COMPANY LAW TRIBUNAL RULES, 2016 READ WITH
SECTION 65 OF THE INSOLVENCY AND BANRUPTCY CODE, 2016
SEEKING INTERVENTION IN THE PRESENT MATTER ALONG WITH
SUPPORTING AFFIDAVIT.

MOST RESPECTFULLY SHOWETH:

1. That the Intervenor herein is, namely M/s. Splendor Landbase Limited is
a Company which was incorporated on 20.12.2002 under the provisions
of the Companies Act, 1956 having its Registered Office at Unit Nos. 501-
511, Splendor Forum, 5th Floor, Jasola District Centre, New Delhi-
110025, through its Authorized Representative, Mr. Manish Prakash.
The Intervenor is engaged in the business of Real Estate development in
Delhi NCR and Punjab region.

2. This application has been filed seeking impleadment in the Application

filed by M/s Anuttama Buildmart Private Limited under Section 54C of
the Insolvency and Bankruptcy Code (hereinafter referred to as the
“Code”) read with Rule 4 of the Insolvency and Bankruptcy (Pre-
Packaged Insolvency Resolution Process) Rules, 2021 seeking initiation
of pre-packaged insolvency resolution process (hereinafter referred to as
“PPIRP”) against M/s Twenty-Seven Infocare Private Limited, M/s
Rosmerta Infrastructure Private Limited, M/s Star Care Real Private
Limited, M/s Radox Tradex Private Limited and M/s SS Homes Private
Limited .
3. M/s Anuttama Buildmart Private Limited without following the due
process of law has passed a resolution by way of a self-serving document
in order to file this application. The alleged proposal of resolution is
nothing but a step taken by M/s Anuttama Buildmart Private Limited to
defraud its the Creditors of Corporate Debtors No.1 to 5 and that of
stakeholder who has legitimate rights in the subject lands which is now
alleged to be transferred by Corporate Debtors No.2 to 5 Corporate
Debtor No.1.

4. That the present Intervenors are is necessary party ies to the present
application. Suit. Seemingly, an impression is given by the Corporate
Debtors that they are under a humungous financial distress and are
unable to pay the amounts of financial debt and operational debt and
further that they are not able to carry out its day to day business
functions and operations and has initiated the present pre-packaged
insolvency proceedings on account of default in repayment of its dues.

5. However, the present Insolvency Application has been filed by the

Corporate Applicant and Corporate Debtors with a malafide and a
fraudulent intention in collusion with the Directors and Shareholders of
the Corporate Applicant and Corporate Debtors and beneficiaries of the
subject lands, in order to usurp the project, the subject lands, the assets
and the monies of the Investors like the Intervenor herein.

6. That the Intervenor shall be gravely prejudiced if an Order for Pre-

Packaged Insolvency Resolution Process is passed by this Hon’ble
Tribunal, without hearing the Intervenor herein, which shall directly
affect its legal rights and interests.

7. In addition, by way of the present Intervention Application, the

Intervenor herein seeks dismissal of the Pre-Packaged Insolvency
Resolution Process filed by the Corporate Applicant and initiation of an
investigation against the Corporate Applicant and Corporate Debtors to
ascertain the truth of the debt as well as true nature and intent financial
transactions as alleged by the Corporate Applicant and the Corporate
Debtors.

8. That the present Pre-Packaged Insolvency Resolution Process filed

by the Corporate Applicant against the Corporate Debtors, has
deliberately initiated and engineered the present Pre-Packaged
Insolvency Resolution Process in a connivance with its Directors,
Ex-Directors and Shareholders and beneficiaries / benami owners of
the subject lands in a fraudulent manner in order to defraud its
Investors, Financial Creditors and Operational Creditors.

9. That M/s Radox Tradex Pvt. Ltd., M/s S.S. Premium Homes Pvt. Ltd.,
M/s. Rosmerta Infrastructure Pvt. Ltd. and M/s. Star Care Real Estate
Pvt. Ltd. in collusion and conspiracy with M/s Twenty Seven Info Care
Pvt. Ltd. and an another company M/s. Anutamma Buildmart Pvt. Ltd.
has filed a Petition u/s Under Section 54C of the Insolvency &
Bankruptcy Code, 2016 before this e National Company Law Hon’ble
Tribunal Chandigarh Bench, Chandigarh read with Rule 4 of the
 Insolvency & Bankruptcy (Pre Packaged Insolvency Resolution Process)
Rules, 2021 seeking initiation of pre-packaged resolution process against
the Accused Companies Corporate Debtors No2. 2 to 5 M/s Radox
Tradex Pvt. Ltd., M/s S.S. Premium Homes Pvt. Ltd., M/s. Rosmerta
Infrastructure Pvt. Ltd. and M/s. Star Care Real Estate Pvt. Ltd. who are
stated to be the subsidiaries of M/s Twenty Seven Info Care Pvt. Ltd. by
camouflaging the records of said four accused companies and creating
an alleged debt of Rs.91,32,94,790/- by committing forgery and
falsification of accounts .

10. That the Corporate Debtors herein, namely, M/s Radox Tradex
Pvt. Ltd., M/s S.S. Premium Homes Pvt. Ltd., M/s. Rosmerta
Infrastructure Pvt. Ltd. and M/s. Star Care Real Estate Pvt. Ltd. in
collusion and conspiracy with M/s Twenty Seven Info Care Pvt. Ltd. and
an another company M/s. Anutamma Buildmart Pvt. Ltd. clearly
indicates that the sole intention behind filing the said pre-packaged
insolvency resolution Petition before the this Hon’ble Tribunal is to defeat
the two stay orders passed by the Hon’ble High Court of Delhi and
Hon’ble High Court of Punjab & Haryabna, abuse the process of law and
get hold of the subject land by any means whatsoever. The filing the said
Petition before the Hon’ble Adjudicating Authority seeking initiation of
pre-packaged insolvency resolution process against the Companies M/s
Radox Tradex Pvt. Ltd., M/s S.S. Premium Homes Pvt. Ltd., M/s.
Rosmerta Infrastructure Pvt. Ltd. and M/s. Star Care Real Estate Pvt.
Ltd. is in clear violation of the Status Quo Orders passed by the two High
Courts and is a deliberate attempt by M/s Radox Tradex Pvt. Ltd., M/s
S.S. Premium Homes Pvt. Ltd., M/s. Rosmerta Infrastructure Pvt. Ltd.
and M/s. Star Care Real Estate Pvt. Ltd. and their Ex-Directors/
Directors/ owners / ultimate beneficiaries of the said land in collusion
and conspiracy with M/s Twenty Seven Info Care Pvt. Ltd. and an
another company M/s. Anutamma Buildmart Pvt. Ltd. to somehow get
illegal control over the subject land and camaflouge the investigation
which is being undertaken by the Economic Offences Wing, New Delhi in
FIR No.91 of 2021 registered against Corporate Debtors No.2 to 5 and
their directors and others.

FACTUAL BACKGROUND:

1. That the present Intervention is being filed by M/s Splendor Landbase Ltd., a
company incorporated under the Companies Act, 1956 engaged in the business
of Real Estate Development, having its registered office at Unit No. 501-511, 5 th
Floor, Splendor Forum, 03, Jasola District Centre, New Delhi-110025 through
its authorized representative Mr. Manish Prakash. The board resolution of the
Appellant Company dated 05.08.2019 authorizing Mr. Manish Prakash is being
filed herewith and marked as Annexure-1.

2. That M/s Aparna Ashram and M/s Shree Damodar Corporation, approached
the Intervenor for development of lands admeasuring 26 acres situated at
 Village Silokhara, Tehsil & District Gurugram, Haryana (hereinafter referred to
as the ‘said land’)by constructing thereon a Project and for sale and marketing
of saleable area thereof and entered into a Collaboration Agreement dated
08.06.2010. Vide the said collaboration agreement, the Intervenor paid an
amount of Rs. 20,00,000/- (Rupees Twenty Lacs) to M/s Aparna Ashram
(Society) and Rs. 30,00,000/-(Rupees Thirty Lacs) to M/s Shree Damodar
Corporation as security deposit. The copy of Collaboration agreement dated
08.06.2010 along with Annexure-A containing schedule of the subject property
is being filed with the present Intervention Application as Annexure- 2 (Colly.).

3. That in addition to the above-mentioned Collaboration Agreement, M/s Aparna

Ashram (Society) also executed a General Power of Attorney dated 08.06.2010
in favor of the Intervenor. A Copy of General Power of Attorney dated
08.06.2010 is being filed with this petition as Annexure- 3. M/s Shree
Damodar Corporation also handed-over possession of the subject lands to the
Intervenor vide possession letter dated 09.06.2010. A Copy of possession letter
dated 09.06.2010 is being filed with the present Intervention Application as
Annexure- 4.

4. That after the execution of Collaboration Agreement, there were various income
tax cases and tax demands on M/s Aparna Ashram Society and other
government dues and some litigations with previous arrangements with other
developers and other litigations which were entailing time.

5. That as early as on 16.08.2020, the representative of M/s Shree Damodar

Corporation namely Mr. Ankur Shakya, son of Sh. Roopram Shakya, partner of
M/s Shree Damodar Corporation after meeting Mr. Vikram Bhatia, Managing
Director of the Intervenor on 15.08.2020 had sent draft of Agreement to Sell to
him on Whatsapp for perusal whereby M/s. Aparna Ashram (Society) and M/s
Shree Damodar Corporation were wanting the Intervenor to purchase the said
land. In the said draft, it has been specifically mentioned that in the year 2010,
M/s. Aparna Ashram and M/s Shree Damodar Corporation had entered into a
collaboration agreement with the Intervenor with respect to the subject lands,
hence the said agreement was valid. The said draft of agreement to sell sent on
Whatsapp proves beyond doubt that the talks between the Intervenor and M/s.
Aparna Ashram (Society) and M/s Shree Damodar Corporation were going on
regarding the subject lands. A copy of draft of the said Agreement to Sell
alongwith screenshot of Whatsapp chat and Section 65-B certificate are being
filed with the present Intervention Application as Annexure- 5 (Colly).
6. That however behind the back of the Intervenor, on 19.08.2020, the M/s
Aparna Ashram (Society) & M/s Shree Damodar Corporation entered into an
Agreement to Sell with M/s Radox Tradex Pvt. Ltd, M/s S.S. Premium Homes
Pvt. Ltd., M/s Rosmerta Infrastructure Pvt. Ltd. and M/s Star Care Real Estate
Pvt. Ltd. (Corporate Debtors herein) who agreed to purchase the total land for
an amount of Rs. 55,06,50,000/- (Rupees Fifty-Five Crore Six Lakh Fifty
Thousand only).

7. That on 18.12.2020, behind the back of the Intervenor, M/s Aparna Ashram
(Society) & M/s Shree Damodar Corporation executed a sale deed in favor of
four the Corporate Debtors No. 2 to 5 namely M/s M/s Radox Tradex Pvt. Ltd,
M/s S.S. Premium Homes Pvt. Ltd., M/s Rosmerta Infrastructure Pvt. Ltd. and
M/s Star Care Real Estate Pvt. Ltd._____________________herein and thereafter
got the said sale deed registered on 24.12.2020 which fact the Intervenor came
 to know after the execution and registration of the said sale deed vide
newspaper reports. The copy of sale deed dated 18.12.2020 registered on
24.12.2020 is being filed with the present Intervention Petition as Annexure-
6. It is pertinent to mention herein that the orders for manual registration of
registries stood withdrawn from 23.12.2020, but the Corporate Debtors No. 2
to 5 could manage manual registration of the sale deed on 24.12.2020. On
account of same and other defects, the Deputy Commissioner cum Registrar,
Gurugram vide order dated 27.12.2020 had set aside the registration deed
(Sale Deed) executed and registered by four Corporate Debtors No. 2 to 5
/Contemnors namely M/s ______________________________________. The copy of
order dated 27.12.2020 is being filed with the present Intervention Application
as Annexure- 7.

8. That after setting aside the said sale deed, the Haryana Government had
conducted an enquiry on the registration of said alleged sale deed to even
after orders for manual registration of registries stood withdrawn from
23.12.2020. The inquiry resulted into suspension of revenue official. This
also confirms that prima facie, Haryana Govt. has found enough reasons to
suspend their own official. In this regard, in the Hindustan Times of
24.02.2021 it has been stated as under Application as Annexure- 8;

“On the basis of memorandum of understanding for reaching at an agreed

price, it is beyond doubt that the agreed price of the land of Aprna Ashram
was Rs. 12 Crore per acre which worked out to be Rs.288 crore for 24 acre.
Hence, the sale deed of Rs.55 Crore is grossly undervalued,” said a
communication sent by the department to Gurugram deputy commissioner.”

9. That knowing about the execution and registration of the sale deed dated
24.12.2020, the Intervenor by E-Mail lodged a complaint dated 03.01.2021 to
the Commissioner, Gurugram, Hon’ble Chief Minister Haryana, Principal
Secretary Department of Revenue Haryana and Deputy Commissioner
Gurugram and others. The copy of complaint dated 03.01.2021 is being
attached to the present Intervention Application as Annexure- 8.

10. That as per Article 21 of the Collaboration Agreement dated 08.06.2010, the
disputes between the parties were arbitral in nature, therefore, the Intervenor
filed a petition under Section 9 of the Arbitration and Conciliation Act, 1996
vide O.M.P.(I)(COMM.) No. 25 of 2021 titled as M/s Splendor Landbase Ltd. Vs.
M/s Aparna Ashram (Society) & Anr. before the Hon’ble Delhi High Court,
wherein vide order dated 25.01.2021, this Hon’ble Court was pleased to order
status quo qua the subject lands. A Copy of order dated 25.01.2021 is being
attached to the present intervention Application as Annexure- 9.

11. That the four Corporate Debtors herein filed a writ petition vide CWP No. 494 of
2021 before the Hon'ble High Court of Punjab & Haryana against the above-
mentioned Order dated 27.12.2020 of setting aside of sale deed, wherein the
Hon'ble High Court of Punjab & Haryana had also directed all the parties to
maintain granted status stay quo qua the suit property vide order dated
28.01.2021. The copy of order dated 28.01.2021 is being attached to the
present intervention Application as Annexure- 10.
12. That during the hearing on 28.01.2021 in CWP No. 494 of 2021 before Hon'ble
High Court of Punjab & Haryana, the Intervenor, having filed Impleadment
Application in the said Writ vide CM 1070 of 2021, had duly informed the
Corporate Debtors No. 2 to 5 their common counsel herein about the status
quo order passed by the Hon’ble Delhi High Court vide order dated 25.01.2021
and the said fact also finds mention in the impleadment application filed by
Mr. Sachin Kaushik, Mr. Gajendra Choudhary and Mr. Gautam Grover, all Ex
Directors of and on behalf of M/s Radox Tradex Pvt. Ltd. on 24.02.2021 vide
I.A. No. 3130 of 2021 in O.M.P.(I) (COMM.) No. 25 of 2021, as all the Corporate
Debtors were present before the Hon’ble High Court of Punjab & Haryana
through their common counsel Mr. Aashish Chopra Advocate. The copy of I.A.
No. 3130 of 2021 is being attached to the present intervention Application as
Annexure- 11.

13. That even after attaining knowledge of the status quo order dated 25.01.2021
passed by this Hon'ble Court, the Corporate Debtors have violated the status
quo order and completely changed and transferred the control and ownership
of the four Corporate Debtor companies herein, namely M/s Radox Tradex Pvt.
Ltd., M/s S.S. Premium Homes Pvt. Ltd., M/s Rosmerta Infrastructure Pvt. Ltd.
and M/s Star Care Real Estate Pvt. Ltd. to a third party namely M/s _Twenty
Seven Info Care Pvt. Ltd. _______________. It is verily believed that The
Corporate Debtors No. 2 to 5 have under the corporate veil transferred the
complete shareholdings of the said four companies to one Corporate Debtors
No.1 namely M/s Twenty Seven Info Care Pvt. Ltd. which is one of the
Corporate Debtor thereby selling their respective companies and even have
changed the directorship of the said companies just to obstruct the
implementation of the status quo order as directed by the Hon’ble Delhi High
Court and Hon’ble High Court of Punjab & Haryana and defeat the legitimate
rights of the Intervenor in the subject lands.

14. That on 02.07.2021, the Economic Offences Wing, Mandir Marg, New Delhi
had registered an FIR No.91/2021 u/s 409, 420, 120B IPC against Trustees
and Partners of M/s. Aparna Ashram Society and M/s. Damodor Corporation
and Corporate Debtors No.2 to 5 and their directors who had executed the
alleged sale deed dated 24.12.2020 on the complaint filed by the Intervenor
against the above named accuseds for the cheating, criminal breach of trust,
dishonestly inducing delivery of property, dishonestly or fraudulently removal
or concealment of property, criminal conspiracy and other offences committed
by the accuseds against the Intervenor qua the subject lands. The investigation
in the said FIR is in pursuit. The Corporate Debtors in collusion with the
Corporate Applicant are taking every recourse to camaflouge the investigation
in the said FIR and the present application is glaring example of the same.

15. That on 23.07.2021, the Intervenor filed civil contempt petition under Section
12 of the Contempt of Courts Act, 1971 read with Article 215 of the
Constitution of India vide CCP(O) No. 23 of 2021 against the Corporate Debtors
for deliberate defiance and wilful disobedience of the order dated 25.01.2021
passed by the Hon’ble High Court of Delhi in O.M.P.(I)(COMM.) No. 25 of 2021.

16. That on 02.08.2021, the beneficiaries of the subject lands under the shield of
corporate veil the Corporate Debtors willfully and deliberately again changed
the directors of Corporate Debtor No. 2 to 5 ship just to obstruct the
impleadment of the status quo order dated 25.01.2021 and made mockery of
 the said status quo order passed by the Hon’ble High Court of Delhi and defeat
the legitimate rights of the Intervenor in the subject lands. the Corporate
Debtors wilfully and deliberately again changed the directorship just to
obstruct the implementation impleadment of the status quo order dated
25.01.2021 and made mockery of the said status quo order passed by the
Hon’ble High Court of Delhi. Details of change in directors after Status Quo
Orders passed by the two High Courts alongwith Copy of Forms DIR-12 in
respect of resignation of previous directors and appointment of new directors
respectively in the said four companies as stated above alongwith list of
shareholders as on 31.03.2020 as filed by the said four companies with the
Registrar of Companies, Ministry of Corporate Affairs, which have been
downloaded by us from the website of Ministry of Corporate Affairs by carrying
out inspection of Public Document are being filed as Annexure – __ ‘Colly’.

17. That on 07.09.2021, the Ld. Single Judge of the Hon’ble Delhi High Court
dismissed the CCP(O) No. 23 of 2021.

18. That the Ld. Court below failed to appreciate the judgment of the Apex Court in
the matter of Sita Ram Vs Balbir in Contempt Petition (Civil) No. 374 of 2014 in
Criminal Appeal No. 1834 of 2013, wherein the Hon’ble Apex Court has held
that a third party will also be liable for contempt if he knowingly assist in the
breach that is to say if knowing the terms of the injunction he wilfully assist
the person to whom it was directed to disobey it. A third party is liable for
contempt of court committed by himself. It is true that his conduct may very
often be seen as possessing a dual character of contempt of court by himself
and aiding and abetting the contempt by another, but the conduct will always
amount to contempt by himself. It will be conduct which knowingly interferes
with the administration of justice by causing the order of the court to be
thwarted.

19. That the Ld. Court below failed to appreciate the judgment of the Hon’ble
Madras Court in Vidya Charan Shukla Vs Tamil Nadu Olympic Association
&Ors. in LPA No. 123 of 1990 decided on 03.01.1991, wherein the Hon’ble
Court has held that we can see thus clearly that the courts in India invariably
accepted the law applied in England and found (1) a party to the subject if he
had notice or knowledge of the order of the court and (2) a third party or a
stranger, if he had aided or abetted the violation with notice or knowledge of the
order of injunction guilty of civil contempt and otherwise found a third party
guilty of criminal contempt if he has been found knowingly obstructing
implementation of its order of direction, if ii is found in the instant subject that Sri
Shukla was directly or indirectly a party defendant in the subject and the order
of the Learned Single Judge was directed to his conduct also and he violated the
order after notice or knowledge, he shall be guilty of civil contempt. He can still
be found guilty of civil contempt if he is found to have aided and abetted the
violation of the order of the Court. Even otherwise, it is found that the he
obstructed or attempted to obstruct the implementation of the court’s
injunction/direction, he may be found guilty of criminal contempt provided he
had the notice or the knowledge of the order of the court.
11. That the Corporate Debtors, Corporate Applicant , M/s Aparna
Ashram and M/s Shree Damodar Corporation had given false promises
and assurances to the Intervenor and had with malafide intentions and a
motive to cheat and extract money from the very inception, resulting into
harassment and mental agony to the Intervenor and Corporate Debtors,
Corporate Applicant, M/s Aparna Ashram and M/s Shree Damodar
Corporation have further also committed breach of trust.

12. That in the matter of Iceberg Developers Pvt. Ltd. wherein the
Applicant initiated its own Corporate Insolvency Resolution Process
(“CIRP”) the Hon’ble National Company Law Tribunal was pleased to pass
an Order dated 06.05.2019 wherein the Hon’ble Tribunal imposed costs
and noted that the said Applicant initiated the CIRP by playing fraud
with its creditors and the Hon’ble Tribunal. It is pertinent to mention
herein that M/s Iceberg Developers Pvt. Ltd. is a Company of Mr. Amit
Katyal. It is pertinent to mention herein that Mr. Amit Katyal is also one
of the Directors in M/s Krrish Realtech Pvt. Ltd. filed a sham Pre-
Packaged Insolvency Resolution Process in the Hon’ble National
Company Law Tribunal, New Delhi and Mr. Amit Katyal was also a
Director/Ex-Director/Shareholder in ____________ and Mr. Sachin
Kaushik was also a Director/Ex-Director/Shareholder in _______ and
M/s Krrish Realtech Private Limited. In Paragraph 10 of the said Order,
the Hon’ble Tribunal has clearly observed that M/s Iceberg Developers
Pvt. Ltd. has filed for CIRP on the basis of documents which are
incomplete and false as to material particulars. The Corporate Insolvency
initiation is fraudulent for a purpose other than genuine insolvency
resolution of M/s Iceberg Developers Pvt. Ltd. That the said Order dated
06.05.2019 has been attached and annexed hereto as ANNEXURE- .

13. That it is pertinent to mention Section 65 of the I& B code is

pertinent to mention herein.

“Section 65
…..
(3) If, any person initiates the pre-packaged insolvency resolution process
—
(a) fraudulently or with malicious intent for any purpose other than for the
resolution of insolvency; or
(b) with the intent to defraud any person, the Adjudicating Authority may
impose upon such person a penalty which shall not be less than one lakh
rupees, but may extend to one crore rupees.
…”

14. That the conduct of the Management and Promotors of the

Corporate Debtors and Corporate Applicant makes it imperative upon the
Applicant to pray to the Hon’ble Tribunal two invoke powers vested with
this Hon’ble Tribunal under Section 211 and Section 212 of the
Companies Act, 2016. The same is reproduced herein for the sake of
convenience of this Hon’ble Tribunal-

“211. Establishment of Serious Fraud Investigation Office.—

(1) The Central Government shall, by notification, establish an office to be
called the Serious Fraud Investigation Office to investigate frauds relating
to a company: Provided that until the Serious Fraud Investigation Office is
established under subsection (1), the Serious Fraud Investigation Office
set-up by the Central Government in terms of the Government of India
Resolution No. 45011/16/2003-Adm-I, dated the 2nd July, 2003 shall be
deemed to be the Serious Fraud Investigation Office for the purpose of this
section.
(2) The Serious Fraud Investigation Office shall be headed by a Director
and consist of such number of experts from the following fields to be
appointed by the Central Government from amongst persons of ability,
integrity and experience in,—
(i) banking;
(ii) corporate affairs;
(iii) taxation;
(iv) forensic audit;
(v) capital market;
(vi) information technology;
(vii) law; or
(viii) such other fields as may be prescribed.
(3) The Central Government shall, by notification, appoint a Director in the
Serious Fraud Investigation Office, who shall be an officer not below the
rank of a Joint Secretary to the Government of India having knowledge
and experience in dealing with matters relating to corporate affairs.
(4) The Central Government may appoint such experts and other officers
and employees in the Serious Fraud Investigation Office as it considers
necessary for the efficient discharge of its functions under this Act.
(5) The terms and conditions of service of Director, experts, and other
officers and employees of the Serious Fraud Investigation Office shall be
such as may be prescribed.

212. Investigation into affairs of Company by Serious Fraud

Investigation Office.—
(1) Without prejudice to the provisions of section 210, where the Central
Government is of the opinion, that it is necessary to investigate into the
affairs of a company by the Serious Fraud Investigation Office—
(a) on receipt of a report of the Registrar or inspector under section 208;
(b) on intimation of a special resolution passed by a company that its
affairs are required to be investigated;
(c) in the public interest; or
(d) on request from any Department of the Central Government or a State
Government, the Central Government may, by order, assign the
investigation into the affairs of the said company to the Serious Fraud
Investigation Office and its Director, may designate such number of
inspectors, as he may consider necessary for the purpose of such
investigation.
(2) Where any case has been assigned by the Central Government to the
Serious Fraud Investigation Office for investigation under this Act, no other
investigating agency of Central Government or any State Government shall
proceed with investigation in such case in respect of any offence under this
Act and in case any such investigation has already been initiated, it shall
not be proceeded further with and the concerned agency shall transfer the
relevant documents and records in respect of such offences under this Act
to Serious Fraud Investigation Office.
(3) Where the investigation into the affairs of a company has been
assigned by the Central Government to Serious Fraud Investigation Office,
it shall conduct the investigation in the manner and follow the procedure
provided in this Chapter; and submit its report to the Central Government
within such period as may be specified in the order.
(4) The Director, Serious Fraud Investigation Office shall cause the affairs
of the company to be investigated by an Investigating Officer who shall
have the power of the inspector under section (5) The company and its
officers and employees, who are or have been in employment of the
company shall be responsible to provide all information, explanation,
documents and assistance to the Investigating Officer as he may require
for conduct of the investigation.
(6) Notwithstanding anything contained in the Code of Criminal Procedure,
1973 (2 of 1974), 1 [offence covered under section 447] of this Act shall be
cognizable and no person accused of any offence under those sections
shall be released on bail or on his own bond unless— (i) the Public
Prosecutor has been given an opportunity to oppose the application for
such release; and (ii) where the Public Prosecutor opposes the application,
the court is satisfied that there are reasonable grounds for believing that
he is not guilty of such offence and that he is not likely to commit any
offence while on bail: Provided that a person, who, is under the age of
sixteen years or is a woman or is sick or infirm, may be released on bail, if
the Special Court so directs: Provided further that the Special Court shall
not take cognizance of any offence referred to this subsection except upon
a complaint in writing made by—
(i) the Director, Serious Fraud Investigation Office; or
(ii) any officer of the Central Government authorised, by a general or
special order in writing in this behalf by that Government.
(7) The limitation on granting of bail specified in sub-section (6) is in
addition to the limitations under the Code of Criminal Procedure, 1973 (2 of
1974) or any other law for the time being in force on granting of bail. (8) If
the Director, Additional Director or Assistant Director of Serious Fraud
Investigation Office authorised in this behalf by the Central Government by
general or special order, has on the basis of material in his possession
reason to believe (the reason for such belief to be recorded in writing) that
any person has been guilty of any offence punishable under sections
referred to in sub-section (6), he may arrest such person and shall, as soon
as may be, inform him of the grounds for such arrest.
(9) The Director, Additional Director or Assistant Director of Serious Fraud
Investigation Office shall, immediately after arrest of such person under
sub-section (8), forward a copy of the order, along with the material in his
possession, referred to in that sub-section, to the Serious Fraud
Investigation Office in a sealed envelope, in such manner as may be
prescribed and the Serious Fraud Investigation Office shall keep such
order and material for such period as may be prescribed.
(10) Every person arrested under sub-section (8) shall within twenty-four
hours, be taken to a Judical Magistrate or a Metropolitan Magistrate, as
the case may be, having jurisdiction: Provided that the period of twenty-
four hours shall exclude the time necessary for the journey from the place
of arrest to the Magistrate's court.
 (11) The Central Government if so directs, the Serious Fraud Investigation
Office shall submit an interim report to the Central Government. (12) On
completion of the investigation, the Serious Fraud Investigation Office shall
submit the investigation report to the Central Government.
(13) Notwithstanding anything contained in this Act or in any other law for
the time being in force, a copy of the investigation report may be obtained
by any person concerned by making an application in this regard to the
court.
(14) On receipt of the investigation report, the Central Government may,
after examination of the report (and after taking such legal advice, as it
may think fit), direct the Serious Fraud Investigation Office to initiate
prosecution against the company and its officers or employees, who are or
have been in employment of the company or any other person directly or
indirectly connected with the affairs of the company.
(15) Notwithstanding anything contained in this Act or in any other law for
the time being in force, the investigation report filed with the Special Court
for framing of charges shall be deemed to be a report filed by a police
officer under section 173 of the Code of Criminal Procedure, 1973 (2 of
1974).
(16) Notwithstanding anything contained in this Act, any investigation or
other action taken or initiated by Serious Fraud Investigation Office under
the provisions of the Companies Act, 1956 (1 of 1956) shall continue to be
proceeded with under that Act as if this Act had not been passed.
(17) (a) In case Serious Fraud Investigation Office has been investigating
any offence under this Act, any other investigating agency, State
Government, police authority, income-tax authorities having any
information or documents in respect of such offence shall provide all such
information or documents available with it to the Serious Fraud
Investigation Office; (b) The Serious Fraud Investigation Office shall share
any information or documents available with it, with any investigating
agency, State Government, police authority or income-tax authorities,
which may be relevant or useful for such investigating agency, State
Government, police authority or income-tax authorities in respect of any
offence or matter being investigated or examined by it under any other
law.”

15. That it is reiterated that there is no insolvency in the present

matter, in fact a massive siphoning-off and creation of false Claims,
when in fact there are no monies owed by the Corporate Debtor.

16. That in light of the above-mentioned facts and circumstances, the

Applicants are the necessary and proper Parties to the present
Application filed by the Corporate Applicant to initiate ‘Pre-Packaged
Insolvency Resolution Process’ against the Corporate Debtors under
Section 54C of the Insolvency and Bankruptcy Code. It is therefore
submitted that it is in the interest of justice that the Applicant/
Intervenor herein are allowed to intervene and to be impleaded and
participate and make their submissions in the said proceedings.

17. That the Applicant/ Intervenor has a prima facie case and balance
of convenience is in its favour. Grave irreparable loss and injury, which
cannot be compensated in terms of money, will be caused to the
 Applicant/ Intervenor, if the prayer sought in the present Intervention
Application are not allowed in the favour of the Applicant/ Intervenor. On
the other hand, if the present Intervention Application is allowed and the
Applicants are impleaded, it would not cause any prejudice to any other
Party in this Application.

18. The present Intervention Applicant is made bonafide and in the

interest of justice.

19. The Applicant/ Intervenor reserves its rights to add/ amend/

alter/ vary the present Intervention Application and/or file any
additional documents as and when new facts or new documents come
into the knowledge/ possession of the Applicant/ Intervenor and/ or as
may be deemed necessary.

PRAYER
In the facts and circumstances as mentioned herein-above, the
Applicants/Intervenor most respectfully prays that this Hon’ble Tribunal
may be pleased to:

1. Allow the instant Intervention Application of the Applicant/ Intervenor to

intervene and be impleaded in the IB-(PP)-01/2021; and/or

2. Investigate into the malicious intent of the Corporate Debtors and impose
cost; and/or

3. Dismiss the Insolvency Application in limini with cost and impose

penalty, and/or

4. Pass such other and further Orders as may be deemed fit and proper in
the facts and circumstances of the present case.

Place: Chandigarh
Date: ___. 01.2022

THROUGH COUNSELS

LEX LIS LAW OFFICES

Mr. Siddharth Bhatli/ Lashita Dhingra
Chamber No. 103, Lawyers Chamber Block 1,
Delhi High Court, New Delhi.
Ph. No. +919899423924

E-Mail Id- [email protected]

[email protected]
 BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

AFFIDAVIT OF MR. __ SON OF _____ RESIDENT OF ____

I, Mr. ______, the above-named Deponent, do hereby solemnly affirm and state
as under:

1. That I am the Applicant/ Intervenor and as such am duly authorized to

file and sign the accompanying Intervention Application. I am well
conversant with the facts and circumstances of the case and have full
knowledge and am competent to swear this Affidavit and the contents of
the accompanying Intervention Application.

2. That the accompanying Intervention Application has been drafted under

my instructions, and the contents thereof, except the legal averments
contained therein, are true and correct to the best of my knowledge and
belief. The legal averments contained therein are true and correct on the
basis of the legal advice, received by me, and believed to be true and
correct by me. The contents of the Intervention Application are not
repeated herein for the sake of brevity and to avoid prolixity and the
same may be read as part and parcel of the present Affidavit. The
contents of the Documents may also be read as part and parcel of the
present Affidavit and the same are not repeated for the sake of brevity
and to avoid prolixity.

3. That no part of this Affidavit is false and no material facts have been
concealed thereform.
 DEPONENT

VERFIFICATION

I, the above-named Deponent, do hereby verify that the contents of this

Affidavit are true and correct and that no part of this Affidavit is false and no
material facts have been concealed therefrom.

Verified at New Delhi on this __ day of January 2022.

DEPONENT

BEFORE THE NATIONAL COMPANY LAW TRIBUNAL

BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
 …CORPORATE DEBTOR(S)

AFFIDAVIT BY THE APPLICANT/ INTERVENOR UNDER SECTION

65 OF THE INDIAN EVIDENCE ACT.

I, Mr. Manish Prakash, aged about 42 years, son of Mr. _______,

appointed vide Board Resolution dated __________ by M/s Spendor
Landbase Limited, the Operational Creditor solemnly affirm and
declare as under:

1. I hereby produce along with accompanying affidavit all the

true hard copies and soft copies of Screenshots and E-mails
which represent the liability of the Corporate Debtor. I crave
leave to refer to and rely upon clear copies of the same at the
time of hearing if necessary.

2. I confirm that the contents of the screenshots and E-mails are

identical to the original in the mobile/Laptop terminal
operated by me in normal course and primary copies are
retained in its original form in my mobile phone.

3. Accordingly, I am making the present affidavit to certify that

the hard copies of the screenshots are a “true copy”
reproduction of the electronic record which was regularly fed
into/transmitted through my mobile terminal.

4. The above affidavit therefore in the facts and circumstances of

the case is sufficient compliance of Section 65 of the Evidence
Act, the above hard copies and printouts as taken out of the
Mobile Phone therefore can be treated as certified copy.
DEPONENT

VERIFICATION:

Verified at New Delhi on this ___ day of January 2022, that the
contents of the aforesaid affidavit are true and correct to my
knowledge and belief. No part of it is false and nothing material has
been concealed thereform.

DEPONENT
 VAKALATNAMA
BEFORE THE NATIONAL COMPANY LAW TRIBUNAL
BENCH AT CHANDIGARH
IN
CP (IBPP)-01/2021
IN THE MATTER OF:

M/S ANUTTAMA BUILDMART PRIVATE LIMITED

…CORPORATE APPLICANT
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)
IN THE MATTER OF:
M/s SPLENDOR LANDBASE LTD.
…INTERVENORS/ APPLICANTS
Versus
M/S TWENTY-SEVEN INFOCARE PRIVATE LIMITED & ORS.
…CORPORATE DEBTOR(S)

KNOW ALL to whom these present shall come that I, Mr. Manish Prakash, the Authorized Representative of M/s Splendor
Landbase Limited herebyengage-

Siddharth Bhatli (D/715/2006), Lashita Dhingra(D/3603/2018), Diwakar Lohia (D/3549/2016)

Lexlis Law Offices
Office: Chamber No. 103, Lawyers Chamber I, Delhi High Court
E-Mail:[email protected], Phone: +91-989-942-3924
ADVOCATES
(herein after called the advocate/s) to be my/our Advocate in the above noted case authorize them:-
1. To act, appear and plead in the above-noted case in this Court or in any other Court in which the same may be tried or
heard and also in the appellate Court including High Court subject to payment of fees separately for each Court by me/us.
2.   To sign, file, verify and present pleadings, appeals, cross-objections or petitions for executions review revision, withdrawal,
compromise or other petitions or affidavits or other documents as may be deemed necessary or proper for the prosecution of
the said case in all its stages subject to payment of fees for each stage.
3. To file and take back documents, to admit and/or deny the documents of opposite party.
4. To withdraw or compromise the said case or submit to arbitration any differences or disputes that may arise touching or in
any manner relating to the said case.
5. To take execution proceedings.
6. To deposit, draw and receive monthly cheques, cash and grant receipts thereof and to do all other acts and things which
may be necessary to be done for the progress and in the course of the prosecution of the said case.
7. To appoint and instruct any other Legal Practitioner authorizing him to exercise the power and authority hereby conferred
upon the Advocate whenever he may think fit to do so and to sign the power of attorney on our behalf.
8. And I/We the undersigned do hereby agree to rectify and confirm all acts done by the Advocate or his substitute in the
matter as my/our own acts, as if done by me/us to all intents and proposes.
9. And I/We undertake that I/We or my/our duly authorized agent would appear in Court on all hearings and will inform the
Advocate for appearance when the case is called.
10. And I/We the undersigned do hereby agree not to hold the advocate or his substitute responsible for the result of the said
case.
11. The adjournment costs whenever ordered by the Court shall be of the Advocate which he shall receive and retain for
himself.
12. And I/We the undersigned to hereby agree that in the event of the whole or part of the fee agreed by me/us to be paid to
the advocate remaining unpaid he shall be entitled to withdraw from the prosecution of the said case until the same is paid up.
The fee settled is only for the above case and above Court. I//we hereby agree that once fee is paid, I/We will not be entitled
for the refund of the same in any case whatsoever and if the case prolongs for more than 3 years the original fee shall be paid
again by me/us.
IN WITNESS WHEREOF I/We do hereunto set my/our hand to these presents the contents of which have been understood by
me/us on this 25th day of January 2022
Accepted subject to the terms of the fees.
Advocate Advocate Client