Uttara Babbar & ANR. v. Namit Malhotra & ORS.

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CO.APP. 18/2016 & CM No.36819-20/2016 UTTARA BABBAR & ANR.

..... Appellants Represented by:

Ms.Uttara Babbar, Adv.

versus NAMIT MALHOTRA & ORS.

..... Respondents Represented by:

Nemo.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 03.10.2016 CM No.36820/2016 Allowed, subject to just exceptions.

CO.APP. 18/2016 1.

The appellants have a right to oppose the proposed scheme. 2.

Under the impugned order meeting has been called. The appellants would be entitled to participate at the meeting of home buyers for the properties in Gurgaon, Haryana.

They would be entitled to express their views to the Chairperson who would be obliged to record the same in the report to be submitted to the learned Company Judge. The appellants would have a right to oppose the scheme and thus at this stage the appeal is premature.

3.

Dismissing the appeal as premature we make it clear that all contentions which appellants have advanced in the instant appeal would be, if taken in opposition to the scheme, be dealt with by the learned Company Judge.

4.

No costs.

CM No.36819/2016 Dismissed as infructuous.

PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

OCTOBER 03, 2016 dkb CO.APP. 18/2016