# In the matter of Boulevard Projects Delhione Resident Welfare Association Vs. Amit Agarwal, Resolution Professional of Boulevard Projects Pvt. Ltd. CA(AT)(Insolvency)No. 798 of 2020

> NCLAT judgment dated 2020-09-14. Citation: TCN-2020-NCLAT-00122. The case involves an appeal against an order directing the listing of Interlocutory…

- **Court:** NCLAT
- **Order date:** 14 Sept 2020
- **Citation:** TCN-2020-NCLAT-00122
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/boulevard-projects-delhione-resident-welfare-association-vs-amit-agarwal-resolut-02dace3f

## Summary

### Background

The case involves an appeal against an order directing the listing of Interlocutory Applications in the Corporate Insolvency Resolution Process (CIRP) of the Corporate Debtor, Boulevard Projects Pvt. Ltd. The CIRP is at the stage of consideration of the Resolution Plan by the Adjudicating Authority. The project is a housing project related to the allottees.

## Facts

Boulevard Projects Delhione Resident Welfare Association filed an appeal against an order related to the Corporate Insolvency Resolution Process (CIRP) of Boulevard Projects Pvt. Ltd. The CIRP was at the stage of consideration of the Resolution Plan by the Adjudicating Authority. The project is a housing project related to the allottees. The impugned order directed the listing of Interlocutory Applications in the CIRP. The appellant is the resident welfare association, and the respondent is Amit Agarwal, the Resolution Professional of Boulevard Projects Pvt. Ltd. The NCLAT considered the fact that the matter pertains to a housing project related to allottees and directed the Adjudicating Authority to prioritize the matter and make endeavors for its speedy disposal,

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority should prioritize the consideration of the Resolution Plan for …

**Ratio:** The legal principle applied is the need to protect the interests of allottees in housing

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**Reasoning:** The court reasoned that since the matter pertains to a housing project and involves the

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**Interpretation:** This interprets the Insolvency and Bankruptcy Code (IBC) to prioritize the

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**Application:** The ratio and reasoning are applied to the specific facts of the case, where

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## Parties

- **Judges:** Bansi Lal…; Jarat Kuma…; +1 more
- **Appellants:** Boulevard…
- **Respondents:** Boulevard…; Amit Ag…
- **Advocates:** Vikas S…; Samar B…; +6 more

## Timeline

- **2020-09-14 — Hearing…**: After hearing Mr. Vikas Singh, learned senior counsel representing the Appellant and Shri…
- **2020-10-31 — Target D…**: The NCLAT directed the Adjudicating Authority to make all endeavors for its speedy…

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