Legal Advice

Liquidator appointed by High Court in Shubhkamna Epic Apartment


Approx 150 or more buyers have applied for flats in 2013 -14 in Shubhkamna epic, sector 12, Greater Noida. Builder just erected initial base of project and absconded. We approached NCDRC. The Consumer court ordered refund of amount with interest in 2018. Amt not refunded. So Execution petition filed in 2019. Since then NCDRC postpones hearings due to Corona pandemic. In the meantime, Jafna another company to whom Subhkamna builder owes 11 crore, filed case in HC, Delhi. HC appointed liquidator. Liquidator advertised in newspaper. We are sending form 66 to liquidator. Now what should I do? Is it Beneficial of approach NCLT? Is it beneficial to approach the Supreme court? What will be the fate/ future of the NCDRC Order? Shall we put up form 66 to liquidator for extension i f date 7.5.2021?


When the High Court has appointed a liquidator then you cannot approach another forum for the returning of amount. If the liquidator is not performing his duty or neglecting to initiate procedure for attachment of property then you can approach the High Court for the direction. 

The High Court will direct the liquidator to do something or refrain from doing something which the court finds fit in the circumstances of the case. If you have any other grievance which the liquidator has no jurisdiction to deal with then you can approach the High Court. At this stage of proceeding you cannot move any petition to the Supreme Court. When a proper remedial proceeding is pending you cannot approach the Supreme Court.

Expedite petition

You should file an expedite petition before the High Court if the liquidator is taking too much time to accomplish his job. The liquidator will verify your claim,  take into his custody or control all the assets of the builder. He shall evaluate the assets & property of the builder and take such measures to protect and preserve them. After verification of all claims the liquidator shall sell the immovable and movable property and actionable claims of the builder. If the liquidator does not do his job properly then you can approach the High Court to direct him to accomplish his job expeditiously.

Shivendra Pratap Singh


High Court Lucknow

Latest Advice

Father can transfer entire property to grandmother

My age is 16 and I’m the only son. My mother died 3 years back and so now my father is going to re-marry. It’s a very tough situation, my father says that he’ll give the entire property and assets to my grandmother and then she’ll give all that to me when I’m old enough. Everything we own is ancestral property but then there is also assets like gold or silver. So is there any chance that my stepmother can acquire all that and push me out. I’m scared please answer.

Tenant has made substantial changes in premises without permission of landlord

I am writing to seek your professional advice regarding a situation I am facing with my tenant. Over the past three years, my tenant has not paid rent, and I am concerned about the legal steps I can take to address this issue. Can I terminate the rent agreement based on this non-payment?

Additionally, I recently discovered that the tenant has undertaken significant alterations to the property without my knowledge or consent. This includes filling a large cavity, which seems to have resulted from his negligence. He has also installed an extra bathroom, toilet, and kitchen on the premises without obtaining proper authorization. It appears that he neglected to properly fill the trenches used to lay sewerage and water lines, leading to structural damage such as cracks in the walls and ceiling. He has written that he has spent on filling up the cavity but has not given details of expenses. However, he is trying to link it with non-payment of rent.

Given these circumstances, the tenant is now requesting extensive repairs to the property. I would like to mention that the tenant is 90 years old, and all of his sons have their own residences. It seems that he intends for his grandson to continue residing in the property as a tenant.

I would greatly appreciate your guidance on the legal options available to me in this situation. Your expertise and advice will be invaluable in helping me navigate this complex matter.

Thank you for your time and consideration. I look forward to hearing from you at your earliest convenience.

P.S. How can I send the rent agreement cum compromise?

NOC from government for taking admission in foreign university

I am a govt servant and currently in a process of making applications to numerous foreign universities  for a PhD program.  I asked my organization for a general NOC applicable to all universities. They denied and asked me to mention the name of the university to which I am applying.  As currently I am in a process of making applications and my admission is not yet confirmed. I cannot mention a list of 10-50 universities in my application.  Kindly help me write an appeal / application for issuance of a general NOC.