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Ansal Properties & Infrastructure Ltd. Board/Management Information 2025

Apr 17, 2025

61336_rns_2025-04-17_c4b4c87e-566c-475f-a67b-c116f0290b7a.pdf

Board/Management Information

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MINUTES OF THE THIRTY FIFTH MEETING OF THE COMMITTEE OF CREDITORS (“COC”) IN THE MATTER OF M/S ANSAL PROPERTIES & INFRASTRUCTURE LIMITED (FERNHILL PROJECT, GURUGRAM) HELD ON 10[TH ] MARCH, 2025 AT 12:30 P.M. THROUGH VIRTUAL MODE

PRESENT IN THE MEETING

A. RESOLUTION PROFESSIONAL & TEAM

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----- Start of picture text -----

NAME DESIGNATION MODE OF PRESENCE
Mr. Jalesh Kumar Grover Resolution Professional/ Physical
Chairman
Ms. Oshin
Team Members of RP Physical
Ms. Riya
B. FINANCIAL CREDITORS
NAME OF FINANCIAL
Sr No. REPRESENTED BY MODE OF PRESENCE
CREDITOR
1. Authorized Representative of Audio visual
Ms. Aakriti Sood
Home Buyers
2. Manish Rana Self Audio visual
(Villa no. GH/026)
3. Saurabh Gupta Self Audio visual
(Flat no. K/1004)
4. Self Audio visual
Naveen Gupta
(Villa no. GH/21)
5. Self Audio visual
Arun Taneja
(Flat no. E/0802)
6. Self Audio visual
Rita Gupta
(Villa 21)
7. Self Audio visual
Gaurav
(Flat no. K/1103)
8. Self Audio visual
Naveen Arora
----- End of picture text -----

1

9. SC Dewan
(Flat No. J-0701)
SC Dewan
(Flat No. J-0701)
Self Self Audio visual
10. Sachin Agrawal
(Flat No. F-802, F-1004,
K301)
Self Audio visual
11. B L Jain Self Audio visual
12. Vinod Kumar Self Audio visual
13. Shishir Kumar
(Unit F-1602)
Self Audio visual
14. Rajender Dhingra Self Audio visual
15. Ravinder Kumar Self Audio visual
16. J Kumar Self Audio visual
17. S S Chauhan
(Flat No. N-1102)
Self Audio visual
C. UNSECURED FINANCIAL CREDITOR:
S. NO. NAME
OF
THE
UNSECURED
FINANCIAL CREDITOR
MODE OF PRESENCE
1. Vinod Kumar and Babita Saini Audio visual

C. UNSECURED FINANCIAL CREDITOR:

D. OPERATIONAL CREDITORS IF AGGREGATE DUES ARE ATLEAST 10% OF THE

TOTAL DEBT: Not Applicable.

E. SUSPENDED BOARD OF DIRECTORS OF ANSAL PROPERTIES & INFRASTRUCTURE LIMITED (FERNHILL PROJECT, GURUGRAM) (‘CD’)

DESIGNATION MODE OF PRESENCE
Director
(Whole-Time Director)
Absent

2

Mr. Deepak Mowar Director
(Additional Director)
Absent
Mr. Binay Kumar Singh Director
(Additional Director)
Absent
Ms. Francette Patricia Director
(Additional Director)
Absent

POST NOTICE EVENT

  1. The notice of the 35[th ] meeting of CoC was sent 3 days prior to the CoC meeting i.e., 07.03.2025 by electronic means at the Email id of the Authorized Representative of Home Buyers, unsecured financial creditor and Directors (Powers Suspended) of Corporate Debtor, as per the record handed over by the Erstwhile RP and obtained from Public Domain.

  2. The Authorized Representative of Home Buyers was also informed by the team of Resolution Professional about the 35[th] CoC meeting telephonically to ensure receipt of notice and also took confirmation for their participation.

  3. The notice was sent to the Directors (Powers Suspended) of corporate debtor at their email ids available on the MCA portal.

  4. The link to attend the meeting was shared with Authorized Representative of Home Buyers, unsecured financial creditor and Directors (Powers Suspended) of Corporate Debtor along with the notice on 07.03.2025.

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3

CONDUCT OF THE MEETING

The meeting started at around 12:30 P.M. Approximately Sixteen (16) Homebuyers virtually joined the COC meeting, however despite multiple requests from the RP, certain homebuyers did not mention their name along with details of their respective units. Further, Ms. Aakriti Sood (Authorized Representative of Home Buyers) as well as Mr. Vinod Kumar Saini also participated virtually.

The RP and his team member attended the meeting physically from Delhi Office. Further, two team members of the RP attended the meeting virtually i.e., through audio-video conferencing from Chandigarh office. The attendance of the participants who were present in the meeting was marked by the team members of RP.

Mr. Jalesh Kumar Grover, Resolution Professional of M/s Ansal Properties & Infrastructure Limited (Fernhill Project, Gurugram), for conducting its Insolvency Resolution Process took the chair and the meeting was called to order.

  1. The Chairperson took the roll call of all the participants attending the meeting and announced their name, the name of the members of COC whom they were representing, and a confirmation was taken from every participant that they have received the agenda and notice of the meeting.

  2. The Chairperson informed the participants that the required quorum is complete and meeting can be proceeded with and also informed the participants that the meeting shall have the presence of quorum throughout the meeting.

  3. The Chairperson also informed the participants that as per Regulation 25(5) of IBBI (Insolvency Resolution Process of Corporate Persons) Regulations, 2016. The resolution professional shall:

  4. (a.) Circulate the minutes of the meeting by electronic means to all members of the committee and the authorized representative, if any, within forty-eight hours of the conclusion of the meeting; and

  5. (b.) Seek a vote of the members who did not vote at the meeting on the matters listed for voting, by electronic voting system in accordance with Regulation 26 where the voting shall be kept open from the circulation of the minutes, for such time as decided by the committee which shall not be

  6. (c.) less than twenty-four hours and shall not exceed seven days:

4

Provided that on a request for extension made by a creditor, the voting window shall be extended in increments of twenty-four hours period:

Provided further that the Resolution Professional shall not extend the voting window where the matters listed for voting have already received the requisite majority vote and one extension has been given after the receipt of requisite majority vote.

  • (d.) As per Regulation 25 (6) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations 2016, the Authorised Representative shall circulate the minutes of the meeting received under sub-regulation (5) to creditors in a class and announce the voting window at least twenty-four hours before the window opens for voting instructions and keep the voting window open for at least twelve hours.

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5

MATTERS DISCUSSED/NOTED FOR INFORMATION

AGENDA ITEM NO. 35.01

THE RESOLUTION PROFESSIONAL TO TAKE CHAIR OF THE MEETING AS PER REGULATION 24 OF THE IBBI (CIRP) REGULATIONS, 2016

Mr. Jalesh Kumar Grover, having registration number IBBI/IPA-001/IP-P00200/2017-2018/10390 was appointed as Resolution Professional (‘RP’) in the matter of M/s Ansal Properties and Infrastructure Limited (Fernhill Project, Gurugram) by the Hon’ble NCLT, New Delhi Bench, Court– II vide its order dated 10.01.2024.

In accordance with Regulation 24(1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, Mr. Jalesh Kumar Grover, Resolution Professional of M/s Ansal Properties and Infrastructure Limited (Fernhill Project, Gurugram) took the Chair as Chairperson and the meeting was called to order.

The committee took note of the same.

AGENDA ITEM NO. 35.02

TO ASCERTAIN THE QUORUM OF THE MEETING AS PER REGULATION 22 OF IBBI (CIRP) REGULATIONS, 2016

The Chairman apprised the committee that as per Regulation 22(1) of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the quorum for the meeting of the committee of creditors is achieved if members of the committee representing at least 33% of the voting rights are present either in person or by video conferencing or other audiovisual means; provided that the committee may modify the percentage of voting rights required for quorum in respect of any future meetings of the committee.

Pursuant to the above provisions, the Chairman ascertained that the requisite quorum is present as Ms.Aakriti Sood, Authorized Representatives of the allottees as well as Mr. Vinod Kumar Saini (Unsecured Financial Creditor) having 100% voting rights in the COC, are present at the meeting and accordingly, the COC meeting was declared open.

6

AGENDA ITEM NO. 35.03

TO GRANT LEAVE OF ABSENCE TO THE MEMBERS, IF ANY

The Chairman apprised that no request for grant of leave has been received by the RP. Hence, no leave of absence was granted to any member/participant. The Chairman further apprised that the Directors (powers suspended) of the CD also did not attend the meeting/ never attended the meeting, in spite of due service of notices to them.

The Committee took note of the same.

AGENDA ITEM NO. 35.04

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TO APPROVE AND CONFIRM THE MINUTES OF THE 34[TH ] COC MEETING HELD ON 28[TH] JANUARY, 2025 AT 04:00 PM.

The Chairman apprised the committee that the minutes of the thirty fourth COC meeting held on 28.01.2025 as approved by the RP had been circulated to all the participants electronically within 48 hours of the meeting i.e., on 30.01.2025 in accordance with Regulation 24, sub-regulation (7) of the IBBI (CIRP) Regulations, 2016. A copy of the minutes of the 34[th] COC meeting had already been attached with the notice of the instant meeting as Annexure-34.04.01.

The Chairman requested the committee to share their observations, if any, on the minutes of the 34[th ]

COC meeting dated 28.01.2025. No observations were received from AR / any members in this regard.

The chairman also requested the newly appointed AR, Ms. Aakriti Sood to go through the minutes of the previous CoC meeting and sought her observations, if any. The AR confirmed that there is no observation from her side.

Accordingly, the minutes of the 34[th] COC meeting held on 28.01.2025 stood approved by the members of the committee.

AGENDA ITEM NO-35.05

TO APPRISE THE COMMITTEE REGARDING THE STATUS OF ONGOING LITIGATIONS

7

The Chairman apprised the COC members regarding the status of ongoing litigations in the matter of M/s Ansal Properties & Infrastructure Limited (Fernhill Project, Gurugram), which are as follows:

Sr. No. Case No. Adjudicating
Authority
Description Status
1. IA- 2957/2024 NCLT, Delhi
Bench
Application filed by the
RP U/s 66 against Piyare
Lal Hari Singh Builders
Pvt. Ltd
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
2. IA- 3022/2024 NCLT, Delhi
Bench
Application filed by the
RP
U/s
66
against
Samyak Projects Pvt. Ltd
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
3. IA - 3245/2024 NCLT, Delhi
Bench
Application filed by the
RP
U/s
43
against
Samyak Projects Pvt. Ltd
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
4. IA-28/2024 NCLT, Delhi
Bench
Application filed by RP
under Section 30 (6) for
approval
of Resolution
Plan
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
5. IA 4215/2024 NCLT, Delhi
Bench
For Replacement of AR During the course of hearing,
counsel for the RP submitted
that there is urgency in this IA.
Therefore, this can be heard
and separated from other IAs
and requested for a shorter
date.
Accordingly, the Matter was
listed
for
hearing
on
19.02.2025. The application
was allowed on the same
day; however, the order was
uploaded on the official
website
of
NCLT
on
05.03.2025.

8

6. IA-3704/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Bharat
Chopra
seeking
to
condone the delay of 51
days in filing claim form
(Form-CA) and to direct
the respondent (RP) to
accept the claim (Claim
submitted after issuance
of RFRP)
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
7. IA-3730/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Kuldeep
Dudeja
seeking
to
condone the delay of 5
days in filing of the claim
before the Resolution
Professional and set aside
the
intimation
dated
10.06.2024
(Claim
submitted after issuance
of RFRP)
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
8. IA-3702/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Sunil
Kumar Aggarwal seeking
to condone the delay of
51 days in filing claim
form (Form-CA) and to
direct
the
respondent
(RP) to accept the claim
(Claim submitted after
issuance of RFRP)
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
9. IA-4008/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Sunita
Verma challenging the
resolution plan submitted
bythe SRA.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
10. IA-4056/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Mr.
Rajeev Gairola seeking
direction for the RP to
accept the claim of the
Applicants as Financial
Creditor(Homebuyer)as
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025

9

per the FORM CA filed
by the Applicants and
include the names of the
Applicants in the list of
financial
creditors
(Homebuyer) of the CD
i.e., M/s Ansal Properties
and
Infrastructure
Limited.
11. IA-
4171 /2024
NCLT, Delhi
Bench
Application filed by one
of
the
claimants,
Virender Singh seeking
direction for CoC & RP
to consider and admit the
claim
filed
by
the
applicant
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
12. IA - 4252/
2024
NCLT, Delhi
Bench
Application filed by one
of the claimants,Ms.
Neerja Mehta seeking
direction for RP to accept
and take into account the
aforesaid claim of the
applicant made against
the Corporate Debtor.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
13. IA - 4460/2024 NCLT, Delhi
Bench
Application filed by the
Homebuyers for seeking
modification
of
the
Resolution Plan to the
extent that there is no
discrimination
between
similarly placed home
buyers
and
reduce
escalation proposed in
the final resolution plan
to
the
escalation
proposed in the 19th CoC
Meeting
held
on
06.04.2024.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
14. I.A No. 1459/
2023
NCLT, Delhi
Bench
Application filed by the
Erstwhile RP u/s 19(2) of
the Code against Samyak
Projects Private Limited
&
Ansal
Properties
&Infrastructure Limited
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025

10

seeking direction to assist
& co-operate with the
Applicant.
15. IA-5173/2024 NCLT, Delhi
Bench
Application filed by the
Samyak Projects Private
Limited objecting to the
CoC
approved
Resolution Plan
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
16. IA-5177/2024 NCLT, Delhi
Bench
Application filed by one
of
the
respondents,
Parbhu Nath Mishra in
IA 2957/2024 against
Resolution Professional
for set aside the ex-parte
proceedings against the
Applicant.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
17. IA-5182/2024 NCLT, Delhi
Bench
Application filed by one
of
the
respondents,
Parbhu Nath Mishra in
IA 3022/2024 against
Resolution Professional
for ex-parte proceedings
against the Applicant.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
18. IA-4597/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Mrs.
Pushpa Sharma seeking
condonation of delay in
filing of claim form
beyond 90 days. Claim
form
submitted
on
23.08.2024
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
19. IA-4995/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Mr.
Vinod
Kumar
Saini
seeking direction for RP
to consider applicant as
allottee and admit the
claim of the applicant as
financial creditor in class
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
20. IA-5927/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Mr.
Yogesh Gauba; however,
the copy of application
hasyet to be received
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025

11

21. IA-6086/2024 NCLT, Delhi
Bench
Application filed by one
of the claimants, Lt. Col
Neetu seeking direction
to provide the copy of
Resolution
Plan
and
addendum
thereof,
to
condone the delay of 319
days in filing of claim
(from the date of issuance
of RFRP i.e.11.11.2023
to
filing
of
claim
i.e.25.09.2024), to admit
the
claim
amounting
Rs.58,64,735/-,
to
declare
the
treatment
given by the SRA in
resolution plan to the
homebuyers
whose
claims
received
after
issuance of approval of
RFRP & to direct the
SRA
to
give
equal
treatment
to
all
the
homebuyers.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025


22. IA-6270/2024 NCLT, Delhi
Bench
Application filed by Mr.
Lalit Bhasin; however,
the copy of application
has yet to be received
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
23 IA-6265/2024 NCLT, Delhi
Bench
Application filed by Mr.
Lalit Bhasin; however,
the copy of application
has yet to be received
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
24 IA-6201/2024 NCLT, Delhi
Bench
Application filed by the
erstwhile
RP
Mr.
Ashwani Kumar Singla
seeking direction for CoC
to pay the amount due to
the
applicant
before
making
payment
to
others.
The matter was not taken up
due to paucity of time.
Accordingly, the matter is
now listed for hearing on
19.03.2025
25. 50/2024 NCLAT, Delhi
Bench
Appeal filed by M/s
Samyak Projects Private
Limited against the order
The matter is remanded back to
the Learned Tribunal to decide
I.A No. 1459 of 2023 after

12

dated 06.12.2023,
wherein
the
Hon'ble
NCLT
directed
the
appellant to cooperate
with
the
erstwhile
Resolution Professional
and
handover
the
possession
to
the
erstwhile
Resolution
Professional.
taking into consideration the
reply and rejoinder as well as
other evidence brought on
record in support and against
the case and decide the same as
early as possible but preferably
within a period of one month
from the date of appearance of
the parties in this application.
The parties are directed to
appear before the Hon’ble
NCLT Bench on 18.10.2024.
The matter was not heard on
that date and now listed for
hearing on 19.03.2025.













26. COMI/15/2024 Judicial
Magistrate of First
Class, Gurugram
Filed by Mr. Ashwini
Singla,
Erstwhile
RP
against Samyak Projects
Pvt Ltd. under section
200 of Cr. PC to obtain
possession of the site.
The
application
stands
dismissed vide order dated
30.09.2024.
27. CIS No. CRR-
452-2024
Court of Hon’ble
Principal District
and
Sessions
Judge, Gurugram,
Haryana
Criminal
Revision
Petition u/s 438/440 of
BNSS, 2023 on behalf of
the
revisionist/
complainant for setting
aside the impugned order
dated 30.09.2024 passed
by
Sh.
Vishal,
JMFC/GGM in COMI-
15-2024
On the last date of hearing i.e.,
07.01.2025, Judge was on
leave
Accordingly, the matter got
adjourned to 02.04.2025.
28. OMP(ENF)(C
OMM) No226
of 2018
High Court
of
Delhi

Filed
By
Dayal
Hospitality
Pvt.
Ltd.
Against Ansal
The
matter
listed
on
21.02.2025. During the course
of hearing, the Counsel for the
Decree holder appeared and
submitted before the Hon'ble
Court that the matter is settled
therefore wishes to withdraw.
In view of the settlement
between
the
parties,
the
Hon'ble Court disposed of the
matter.
Accordingly,
the

13

above captioned matter is
disposed of as withdrawn.
29. Sole
Arbitrator,
Justice DK Jain
Filed by M/s. Samyak
Project Pvt. Ltd against
M/S Ansal Properties and
Infrastructure
Limited
(Through
Resolution
Professional)
Order dt 11.09.2024 has been
pronounced against us by the
Sole Arbitrator Justice DK
Jain as he observed that there
is no change in circumstances
as
compared
to
the
circumstances
on
16th
November, 2022 with respect
to
the
moratorium
under
Section
14
of
IBC.
Consequently, the Tribunal is
left with no other option but to
refrain from passing any Order
either accepting or rejecting
the Application.
30. W.P.(C)
15970/2024 &
CM APPL.
67106/2024
High Court of Delhi The instant writ petition
has been filed at the
instance of the Petitioner
- Ansal Properties &
Infrastructure
Ltd.
through their Resolution
Professional with respect
to the Petitioner’s project
named “Fernhill”. They
have
invoked
the
jurisdiction of this Court
under Article 226 and
227 of the Constitution of
India, assailing the order
dated 11th September,
2024 passed by the Sole
Arbitrator in the ongoing
arbitration
proceedings
between the Petitioner
and Respondent.
The writ petition is dismissed
vide order dated 19.11.2024 as
court
also
observed
that
indeed, as rightly observed by
the Arbitral Tribunal that there
is no change in circumstances
as
compared
to
the
circumstances
on
16th
November, 2022 with respect
to
the
moratorium
under
Section 14 of IBC.
Subsequently, the RP had
filed a Letters Patent Appeal
under Article 226 and 227 of
Constitution of India, to set
aside
the
order
dated
19.11.2024 passed by the
Hon'ble High Court in Writ
Petition (Civil) No. 15970 of
2024. The said LPA was listed
on 24.01 2024. After hearing
the counsel of the RP, the
Hon’ble
High
Court
dismissed the LPA.

14

The RP gave a brief overview to CoC members regarding the status of litigation initiated by or against the Corporate Debtor. The RP requested the newly appointed AR to review the above-mentioned list and seek clarification on any point, if required. The AR requested the RP to provide copy of applications in respect of ongoing litigations initiated by or against the Corporate Debtor. RP confirmed that the team will share the same shortly.

The Committee took note of the same.

AGENDA ITEM NO-35.06

TO TAKE NOTE OF THE REVISED CONSTITUTION OF COMMITTEE OF CREDITORS AND DETERMINATION OF THEIR VOTING RIGHT IN PROPORTION OF DEBT DUE TO EACH FINANCIAL CREDITOR AS PER REGULATION 17 OF IBBI (CIRP) REGULATIONS, 2016

The Chairman apprised the committee that the admitted claim amount of one of the Homebuyers namely, Mr. Pradeep Saini and Mrs. Arun Bala Saini was inadvertently recorded as Rs. 17,22,171/- instead of Rs. 82,53,839/- in the last reconstituted CoC dated 26.09.2024.

Post rectification of the said error, the COC in the matter of M/s Ansal Properties & Infrastructure Limited (Fernhill Project, Gurugram) stands reconstituted on 31.12.2024 as follows: -

Category No. of
claims
Amount
Claimed
Amount
Verified
Voting
Share (%)
Financial Creditors in a class
(“Allottees”)
594 1020.66 422.14 99.95%
Unsecured Financial Creditor 1 3.19 0.19 0.05%
TOTAL 595 1023.85 422.33 100%

The Chairman further apprised the committee that the RP has filed an application before the Hon’ble Adjudicating Authority to place on record the reconstituted CoC & updated/revised list of Creditors as on 03.01.2025 which has been allowed by the Hon’ble NCLT on 15.01.2025. In addition to this, RP

15

informed the CoC that the amount claimed has been modified thus resulting in to small variation in shares of creditors.

The COC took note of the same.

AGENDA ITEM NO-35.07

TO APPRISE THE MEMBERS OF COMMITTEE REGARDING THE DISCUSSION HELD WITH REPRESENTATIVES OF SAMYAK PROJECTS PRIVATE LIMITED ON 15.02.2025

The Chairman informed the CoC members that till date 2 meetings have taken place with the representatives of Samyak Projects Private Limited firstly, a physical meeting that was scheduled by the RP on 15.02.2025 in New Delhi and another, on 08.03.2025 in which the newly appointed AR also participated along with the nominated representatives of the Homebuyers and the SRA to discuss the possibility of settlement with Samyak Projects Limited concerning the project land of Ansal Properties & Infrastructure Limited (Fernhill Project, Gurugram).

The Chairman apprised the members that thorough discussions and negotiations with the representatives of Samyak have been conducted, however, it could not be concluded due to difference in the amount asked by Samyak and the amount proposed by the SRA. After discussions, it has been construed that final negotiated amount may range between Rs. 35 Crs to Rs. 40 Crs. The RP further apprised the committee that in the recent meeting, Samyak again led the negotiations with the figure quoted by them previously i.e.,Rs. 45 crs; however, they agreed to settle the matter at Rs. 37.5 crs towards the end of the discussion. In addition to this, Samyak has demanded upfront payment of 5crs. at the time of signing MOU and balance payment to be made within 6 months. The upfront amount has to be paid by the SRA who was not willing to pay the amount of Rs. 5 Cr immediately. The RP informed the CoC that continuous efforts are being made to reach a consensus, hopefully by 19.03. 2025.Accordingly, the RP shall keep the COC updated in this regard.

RP further informed the CoC members that Mr. Kohli, counsel of Samyak Projects who during the discussions suggested that after the settlement, the parties can file an application with arbitrator and get arbitration award on the basis of the agreement between the Corporate Debtor, the CoC members and Samyak Projects. Thereafter, the said agreement/ award can be filed with the Hon’ble NCLT for its approval pursuant to which it shall become binding on all the parties thereof, without incurring any additional charge or stamp duty. In addition to this, an undertaking shall be taken from the SRA that once the Resolution plan is approved by the Hon’ble NCLT, the said agreement/ order shall become binding upon the SRA as well since the Corporate Debtor would then be controlled and managed by the SRA.

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RP further apprised the committee that the final decision on Samyak issue is the prerogative of the COC only. Neither the RP, SRA or the AR has any authority to enter into an agreement with Samyak without the approval of the COC. Additionally, in case a settlement is reached with Samyak, the final decision as to the amount payable to Samyak shall be subject to approval by the COC.

The RP further apprised the CoC that the timeline for the payment of the aforementioned settlement amount was also deliberated upon during the meeting, following which the finalized timeline (assuming the negotiated amount will be Rs. 37.5 Cr) has been proposed:

Proposed Timeline for payment of settled amount Amount (in Crores)
At the time of execution of MOU 1
Within 30 days from the date of approval of Resolution Plan by NCLT 5
Within 4 months from the date of approval of Resolution Plan by NCLT 20
Within 6 months from the date of approval of Resolution Plan by NCLT 5
Within 9 months from the date of approval of Resolution Plan by NCLT 6.50
Total Settlement Amount following Negotiation with Samyak 37.50

The RP apprised the CoC that the SRA has proposed an amount of Rs.20 crs in its resolution plan for settlement with Samyak and has stated that any amount over and above Rs. 20 crs will be borne by the homebuyers.

The RP further apprised the CoC that the mode of transfer, whether through an MOU, JDA, or transfer of title deed, is yet to be finalized. However, the RP has determined the additional burden on homebuyers over and above the final settled amount for each of the aforementioned modes, as shown in below table:

Sr.
No.
Estimated additional burden on Homebuyers over and above settlement
amount exceeding 17.5 Crores
1. In case there will be MOU b/w SRA & Samyak additional 2% of total settled amount
shall be paid
2. In case of JDA b/w SRA & Samyak additional 18% (GST) of total settled amount shall
be paid
3. In case Transfer of title in the name of the SRA 10% stamp duty shall be paid on 200
Crores (Land & Building Value)

The Committee took note of the same.

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AGENDA ITEM NO-35.08

TO APPRISE THE COC MEMBERS REGARDING THE ADVANCE PAYMENT MADE TO APPOINTED STRUCTURAL AUDITOR AS PER THE WORK ORDER & STATUS OF AUDIT

The Chairman apprised the CoC members that as per the terms of the work order provided by the appointed Structural Auditor i.e., NNC Design International, the payment of 30% of the total structural audit & testing fee was to be paid in advance. Accordingly, the payment of 30% of total professional fee amounting to Rs. Rs. 2,77,830 (after deducting TDS) was made to the Structural Auditor on 27.12.2024. The said amount was infused into the CIRP a/c of CD by the SRA following which the payment was released to the appointed Auditor from the CIRP A/c.

The Chairman further apprised the CoC that the RP has been regularly obtaining updates from the appointed auditor, who has informed that due to the lack of electricity at the site, the remaining work of core extraction and carbonation has not been completed. Consequently, the RP has advised the SRA to provide the necessary assistance to the appointed auditor and requested to expedite the audit process, so that subsequent actions can be taken without delay.

Thereafter, an email has been received from the appointed Structural Auditor on 26.02.2025, informing that the non-destructive testing fieldwork for all towers is completed. Additionally, they have stated that they are working on the report and anticipate completing it by 15.03. 2025.

The RP apprised the CoC that although the RP had previously taken steps to restore the electricity connection at the project site, the restoration was not completed. Therefore, the RP has now made efforts to disconnect the old electricity connection to facilitate a fresh/new connection. However, certain documents are required from the company for this purpose and the same have not yet been received.

The Committee took note of the same.

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AGENDA ITEM NO-35.09

TO TAKE NOTE OF THE APPOINTMENT OF MS. AAKRITI SOOD AS THE AUTHORIZED REPRESENTATIVES OF THE ALLOTTEES BY VIRTUE OF ORDER DATED 19.02.2025 OF THE HON’BLE AA

The Chairman apprised the CoC members that the Hon'ble Adjudicating Authority has confirmed the appointment of Ms. Aakriti Sood as the Authorized Representative of the allottees in the matter of M/s Ansal Properties and Infrastructure Limited (Project Fernhill) vide its order dated 19.02.2025 in IA No. 4215 of 2024. The copy of order was uploaded on the official website of NCLT on 05.03.2025 pursuant to which the RP shared the copy of order dated 05.03.2025 with the newly appointed AR, Ms. Aakriti Sood as well as the erstwhile AR, Mr. Pankaj Arora on 05.03.2025. In addition to this, the RP intimated the CoC members about the replacement of Authorized Representative of allottees via email dated 05.03.2025.

The Chairman further apprised the CoC members that Mr. Pankaj Arora (erstwhile AR of allottees) has handed over complete CIRP record as well as the access of process email id to the newly appointed AR via email dated 06.03.2025. Further, the office of RP has provided the updated list of allottees, copies of all minutes to the AR.

Further, the newly appointed AR of allottees had a telephonic conversation with the RP, whereby the RP duly apprised the new AR regarding the entire CIRP process of the Corporate Debtor- background and its current status.

The Committee took note of the same.

RESOLUTION TO BE PASSED AT THE MEETING

AGENDA ITEM NO-35.10

TO APPRISE AND APPROVE THE DELAY IN CONDUCTING COC MEETING IN COMPLIANCE OF REGULATION 18 OF THE IBBI (CORPORATE DEBTOR) REGULATIONS, 2016

The Chairman apprised the CoC that as per the amended Regulation 18 (1) of the IBBI (CIRP) Regulations, 2016 (effective from 15.02.2024) the RP is required to convene subsequent meetings of the Committee of creditors within thirty days of the last meeting unless the committee has extended the period between such meetings; provided that there shall be at least one meeting in each quarter. The

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aforementioned regulation is reproduced here in below for reference of the COC: -

“Regulation 18- Meeting of the committee.

(1) A resolution professional shall convene a meeting of the committee before lapse of thirty days from the last meeting: Provided that the committee may decide to extend the interval between such meetings subject to the condition that there shall be at least one meeting in each quarter.

(2) A resolution professional may convene a meeting, if he considers it necessary, on a request received from members of the committee and shall convene a meeting if the same is made by members of the committee representing at least thirty-three per cent of the voting rights. [Explanation: For the purposes of sub- regulation (2) it is clarified that meeting (s) may be convened under this sub-regulation till the resolution plan is approved under sub-section (1) of section 31 or order for liquidation is passed under section 33 and decide on matters which do not affect the resolution plan submitted before the Adjudicating Authority.]

(3) A resolution professional may place a proposal received from members of the committee in a meeting, if he considers it necessary and shall place the proposal if the same is made by members of the committee representing at least thirty-three per cent of the voting rights.”

The RP apprised the Committee that in accordance with the aforementioned regulations, the CoC meetings have been conducted by the RP on a monthly basis. However, the present meeting is being conducted after a delay of 11 days. The reason for the same is that in accordance with the resolution for the replacement of the AR of the class of homebuyers passed through e-voting results dated 07.08.2024, on the agendas discussed in the 29[th] CoC meeting dated 01.08.2024, an appropriate application was filed by the RP before the Hon’ble AA vide IA no. 4215 of 2024 seeking replacement of the AR of the class of homebuyers. The said application was last listed on 19.02.2024 wherein the Hon’ble AA heard the arguments from the counsel of the RP and counsel of the Erstwhile AR and was pleased to pass an order for the replacement of AR. However, the order for the replacement of AR was uploaded on the website of Hon’ble NCLT only on 05.03.2025. Consequently, the RP was unable to hold a CoC meeting in the month of February 2025.

The RP further apprised the CoC that a legal opinion on this matter was obtained from the appointed legal counsel and it was advised that the RP shall convene a COC meeting only after receipt of the order for the replacement of AR, wherein, the CoC shall be informed regarding the reason for the delay in holding the meeting and a subsequent ratification for the delayed conduct of COC meeting shall be obtained.

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Accordingly, after due discussion and deliberation upon the said matter, it was decided that the following resolution shall be placed for seeking approval of the COC members through e-voting:

Resolution:

To consider and, if thought fit, to pass with or without modification the following resolution

RESOLVED THAT the Committee of Creditors having requisite majority hereby ratifies the delay in convening the meeting of the committee of creditors in the month of February,2025 i.e., within thirty days of the last meeting on account of delayed uploading of the AR replacement order in the matter of Ansal properties & Infrastructure Limited (Fernhill Project, Gurugram)”.

AGENDA ITEM NO-35.11

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TO RATIFY THE APPOINTMENT OF CONSULTANT APPOINTED FOR DEMARCATION OF THE FERNHILL PROJECT SITE AND HIS FEE THEREOF

The Chairman apprised the CoC members that as discussed in the 33rd CoC meeting held on 27.12.2024, several instances of trespassing and multiple encroachments had been identified on the project land. Therefore, to safeguard the Fernhill Project site from such issues, the RP took requisite steps for conducting demarcation of the project land by appointing a consultant namely, Mr. Deepak Rana to carry out the demarcation as per the allotted area along with the assistance of Patwari and upgradation of the same in land revenue records. The said Consultant has been appointed at a fee of Rs. 2,50,000 (Rupees Two Lakhs Fifty Thousand only).

The RP further apprised the CoC members that the demarcation process has now been completed. In furtherance to the same, a drawing mentioning the details of encroachment, if any, has already been received from the concerned Patwari. Further, a signed copy of the same will be received within 2-3 days.

Accordingly, after due discussion and deliberation upon the said matter, it was decided that the following resolution shall be placed for seeking approval of the COC members through e-voting:

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Resolution:

To consider and, if thought fit, to pass with or without modification the following resolution

RESOLVED THAT the Committee of Creditors having requisite majority hereby ratifies the appointment of Consultant namely, Deepak Rana appointed for demarcation of the project site at a fee of Rs. 2,50,000 (Rupees Two Lakhs Fifty Thousand only) in the matter of Ansal Properties & Infrastructure Limited (Fernhill Project, Gurugram)”.

AGENDA ITEM NO-35.12

TO RATIFY AND APPROVE THE EXPENSES INCURRED DURING THE CIRP PERIOD TILL 25.02.2025

Explanatory Statement

In accordance with Regulation 34 of the IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016, the committee shall fix the expenses to be incurred on or by the RP and the expenses shall constitute insolvency resolution process costs. (As per regulation “Expense” means the fee to be paid to the Resolution Professional, fee to be paid to insolvency professional entity, if any, and fee to be paid to professionals, if any and other expenses to be incurred by the RP).

Accordingly, Mr. Jalesh Kumar Grover, Resolution Professional has prepared a list of expenses incurred by him for the period from 05.11.2024 till 25.02.2025 for ratification by the COC. The details of the same are given below: -

Expenses incurred by RP during the period from 05.11.2024 to 25.02.2025
S.
No.

Particulars of Expenses
Amount
(Rs.)
GST
@
5%
GST@
5%
RCM
GST@
18%
GST
@
18%
RCM
Total
including
GST
1 Printing & Stationary 20,000.00 - - 3,600.00 - 23,600.00
2 Courier Expenses 150.00 27.00 177.00
3 Payment of TDS filling
charges
for
form-26Q
Quater-3 for the F.Y-2024-
25 dated 17.01.2025
59.00 - - 10.62 - 69.62

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4 Security Bill for the month of
November,2024
1,18,362.00 - - 21,305.16 - 1,39,667.16
5 Security Bill for the month of
December,2024
1,18,362.00 - - 21,305.16 - 1,39,667.16
6 Security Bill for the month of
January,2024
1,18,362.00 - - 21,305.16 - 1,39,667.16
7 Security Bill for the month of
February,2024
1,18,362.00 - - 21,305.16 - 1,39,667.16
8 Conveyance of Site Manager 6,836.00 - - 1,230.48 - 8,066.48
9 Travelling
expenses
for
Demarcation
22,240.00 - - 4,003.20 - 26,243.20
10 Notary & Stamp charges 260.00 - - 46.80 - 306.80
11 Meeting
Expenses
dated
28.01.2025
1,965.00 - - 353.70 - 2,318.7
12 E-voting
Expenses
(E-
voting on the agendas of 29th
COC meeting)
23,423.00 - - 4,216.14 - 27,639.14
13 E-voting
Expenses
(E-
voting on the agendas of 31st
COC meeting)
23,423.00 - - 4,216.14 - 27,639.14
14 E-voting
Expenses
(E-
voting on the agendas of
32nd COC meeting)
23,423.00 - - 4,216.14 - 27,639.14
15 Conveyance Expenses of AR
from Faridabad to Delhi for
following
meetings:
1. 34th CoC meeting held on
28th
January
2025
2. meeting with Samyak
Projects for discussing land
issue held on 15th Feb. 2025


2,000.00
- - - - 2,000.00
16 AR
Fee
for
Attending
meeting
with
Samyak
Projects for discussing land
issue held on 15th Feb. 2025
40,000.00 - - - - 40,000.00
17 30% of the total fees paid to
structural auditor (including
TDS) *
3,03,555.00 - - - - 3,03,555.00

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18 18 18 18 18 18 18 18
1% Regulatory Fee paid to
IBBI
for
hiring
other
professionals
for
third
Quarter of the F.Y. 2024-25
7,626.16 - - 1,372.71 - 8,998.87
TOTAL 9,48,408.16 1,08,513.6 10,44,273.31
Round off
10,44,273

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The Chairman apprised the CoC that Advocate Vikram Minhas was appointed to represent the RP in COMI/15/2024 before the Judicial Magistrate of First Class, Gurugram, which was dismissed on 30.09.2024. Subsequently, the RP filed a Criminal Revision Petition under Sections 438/440 of BNSS, 2023, bearing CIS No. CRR-452-2024, reference of which is given on page 17, Item no. 25 & 26 seeking to set aside the impugned order dated 30.09.2024, passed by Sh. Vishal, JMFC/GGM, in COMI-15-2024, through Advocate Vikram Minhas on 22.10.2024.

The RP apprised the CoC that the appointed advocate has submitted his quotation for the said Criminal Revision Petition for an amount of Rs. 52,000 (inclusive of all expenses and exclusive of applicable taxes).

The RP further apprised the CoC that above mentioned Criminal Revision Petition was heard for the first time on 28.10.2024, during which the Hon’ble Principal District and Sessions Judge issued notice to the opposite party and listed the matter for 07.01.2025. Further, on 07.01.2025, the Judge was on leave. Hence, the matter got adjourned to 02.04.2025.

Accordingly, after due discussion and deliberation upon the said matter, it was decided that the following resolution shall be placed for seeking approval of the COC members through e-voting:

Resolution:

To consider and, if thought fit, to pass with or without modification the following resolution:

RESOLVED THAT the Committee members having requisite majority hereby approves the fees of Adv. Vikram Minhas, (Legal counsel) amounting to Rs. 52,000 (inclusive of all expenses and exclusive of applicable taxes), for appearance and drafting of application/reply/any other document on behalf of the Resolution Professional before the District Courts of Delhi in the matters of Ansal Properties and Infrastructure Limited (Project Fernhill).”

ANY OTHER MATTER

After discussions on the above-mentioned agendas, the Chairman invited the Homebuyers, who were attending the meeting virtually, to share their queries one by one. A brief record of the discussions held with the Homebuyers is as mentioned below:

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Sr. No. Homebuyer’s Queries Responses
1. What is the 4th option provided by
Mr. Kohli for dealing with
Samyak?
So, the arbitration is between Krish
Infrastructure and Samyak?
The RP clarified that an agreement will be made
between Samyak, COC and Corporate Debtor and
basis that an application will be filed before
Arbitrator for obtaining the award, which will then
be made a part of application for approval of
resolution plan Pursuant to this, the arbitral award
shall become binding on all the parties thereto.
Thereafter, an undertaking will be taken from SRA
to the effect that the award will be binding on them
as well. Subsequent to approval of resolution Plan by
AA, the said award shall become part and parcel of
the approved Resolution plan.
The RP clarified that a tripartite agreement will be
entered between Samyak, COC and the Corporate
Debtor. Thereafter, the SRA will give an
undertaking to the effect that the award will be
binding on them as well.
2. What is the litigation status of item
no. 29?
The RP replied that arbitrator has passed an order
that third party rights cannot be created on the assets
of the CD, against which, the RP had filed an
application , which was dismissed by the Arbitrator,
against which RP went to High Court wherein Single
bench has dismissed the application subsequent to
which RP went to Double bench wherein the LPA
was also dismissed by Double Bench.

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3. What is the Criminal application? The RP informed that an application was filed by the
erstwhile RP for registering FIR against Samyak, He
had filed a complaint with police department but no
FIR was lodged as a result of which he filed an
application in Judicial Court in Gurugram. The
present RP was pursuing the said application;
however, it was dismissed. The RP has filed a
criminal revision petition against the dismissal
order.
4. In the meeting held with Samyak
it is visible that he is inclined to
submit his own resolution plan &
he has also applied before the
Hon’ble NCLT for the same.
Whether the plan is legally valid
and feasible or not?
Whatever he has claimed in terms
of right and he can start very
quickly and he don’t need any
approval from RERA, DTCP etc.
How accurate the plan is?
So Samyak has not filed anything
yet before the NCLT
The RP informed that Samyak had filed an
application before the Hon’ble NCLT seeking
directions to allow him to complete the project
however, the same was dismissed. RP further
clarified that Samyak has raised this issue before the
RP earlier but has not submitted any document
regarding this to the RP or the Hon’ble AA.
Although, it seems that Samyak may approach the
Hon’ble AA with a prayer directing CoC to consider
its Proposal. In case Samyak is able to obtain such
directions from Hon’ble AA, the COC will have the
option to consider it or not.
The RP confirmed that so far, no such Application /
Plan has been submitted by Samyak to the AA or RP.
5. What if the deal with Samyak is
not fruitful?
If the Hon’ble AA orders for
settlement of all belated claim (in
The RP stated that under such circumstances the
Hon’ble NCLT will decide the matter, as Resolution
Plan is already pending before NCLT.
RP affirmed the same. The said additional cost will
have to be borne by the COC.

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full or by offering possession of units), then whether said burden would have to be borne by the COC? 6. If Samyak will reject the proposal The RP stated that if Samyak does not accept the concerning the land of the Fernhill proposal, we will plead in the Hon’ble NCLT on Project, what will be the final merits. Ultimately, it will be up to the NCLT to outcome? decide whether to proceed with the resolution plan or direct Samyak to accept the revised settled amount.

VOTE OF THANKS

There being no other business to transact, the matter was concluded at 02:00 PM with the vote of thanks by the chairman to all the participants for their effective participations.

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(Jalesh Kumar Grover) Resolution Professional In the Matter of M/s Ansal Properties and Infrastructure Limited (Project Fernhill) Regn. No. IBBI/IPA-001/IP-P00200/2017-2018/10390 (AFA valid till 31-12-2025) Registered Address: S.C.O No 818, 2[nd] Floor, N.A.C, Manimajra, Chandigarh-160101 Email for Correspondence [email protected] Email regd. with IBBI – [email protected] Mobile- +91-7717303525, +91-92160-01808

Date: 12.03.2025 Place: Chandigarh

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