# In the matter of Acreage Properties Pvt. Ltd. vs. Boulevard Projects Pvt. Ltd. & Anr I.A. No. 460 of 2023 in Company Appeal (AT) (Insolvency) No.115 of 2023

> NCLAT judgment dated 2023-02-03. Citation: TCN-2023-NCLAT-00742. The appeal was filed by the Appellant against the order of the Adjudicating Authority dated…

- **Court:** NCLAT
- **Order date:** 3 Feb 2023
- **Citation:** TCN-2023-NCLAT-00742
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/acreage-properties-pvt-ltd-vs-boulevard-projects-pvt-ltd-anr-ia-no-460-of-2023-i-674fb390

## Summary

### Background

The appeal was filed by the Appellant against the order of the Adjudicating Authority dated 30.11.2022 passed in CA-1058/2020. The Appellant's claim regarding two units was accepted by the Resolution Professional and reflected in the Resolution Plan. ICICI Bank filed CA-1058/2020, in which the Appellant was not initially impleaded but was later directed to be impleaded by the impugned order. The Appellant is aggrieved by the Adjudicating Authority's direction to the Resolution Professional to keep units 3201 and 3202 free from any charge.

## Facts

Acreage Properties Pvt. Ltd. filed an appeal against an order by the Adjudicating Authority dated 2022-11-30 in CA-1058/2020. Acreage Properties claimed that their claim regarding two units had been accepted by the Resolution Professional and was reflected in the Resolution Plan. ICICI Bank had filed CA-1058/2020, and Acreage Properties was directed to be impleaded in that application by the impugned order. Acreage Properties was aggrieved by the Adjudicating Authority's direction to the Resolution Professional to keep units 3201 and 3202 free from any charge. The application CA-1058/2020 was pending and scheduled for a hearing on 2023-02-06.

## Issues and analysis

### Issue 1: Whether the Adjudicating Authority's order directing the Resolution Professional to keep certain …

**Ratio:** The court did not explicitly rule on the justification of the order but observed that the

…

**Reasoning:** The court reasoned that since CA-1058/2020 was still pending and needed to be decided

…

**Interpretation:** This suggests a principle of judicial restraint, where appellate courts are

…

**Application:** The court applied this principle by disposing of the appeal and directing the

…

## Parties

- **Judges:** Ashok Bh…; Barun M…
- **Appellants:** Acreage Properties…
- **Respondents:** Boulevard…
- **Advocates:** Krishnendu…; Shivambika…; +3 more

## Timeline

- **2022-11-30 — Order by Adjudicating…**: The Adjudicating Authority passed an order in CA-1058/2020, which is the subject of the…
- **2023-02-03 — Appeal F…**: The Appellant filed an appeal against the…

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/nclat-new-delhi/acreage-properties-pvt-ltd-vs-boulevard-projects-pvt-ltd-anr-ia-no-460-of-2023-i-674fb390