If the delay in possession of real estate is not due to the Corporate Debtor but force majeure, it cannot be alleged that the Corporate Debtor defaulted in delivering the possession – Navin Raheja Vs. Shilpa Jain and Others – NCLAT New Delhi
Before admitting such case, it will be desirable to find out whether the allottees have come for refund of the money or to get their apartment/ flat/ premises by way of resolution. If the intention of the allottees only for refund of money and not possession of apartment/ flat/ premises, then the ‘Corporate Debtor’ may bring it to the notice of the Adjudicating Authority as held by the Hon’ble Supreme Court.
54. The Adjudicating Authority before admitting an application under Section 7 filed by allottee(s) will take into consideration the decision of the Hon’ble Supreme Court in “Pioneer Urban Land and Infrastructure Limited & Anr. v. Union of India & Ors”.
If the delay is not due to the ‘Corporate Debtor’ but force majeure, as noticed above, it cannot be alleged that the ‘Corporate Debtor’ defaulted in delivering the possession.
