# Santosh Kumar vs. IDBI Trusteeship Services P. Ltd. & Anr.

> NCLAT judgment dated 2026-10-05. Citation: TCN-2026-NCLAT-00282. The case involves two interlocutory applications (IA No. 3274 of 2026 and IA No. 5865 of…

- **Court:** NCLAT
- **Order date:** 5 Oct 2026
- **Citation:** TCN-2026-NCLAT-00282
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/santosh-kumar-vs-idbi-trusteeship-services-p-ltd-anr-8rd5u

## Summary

### Background

The case involves two interlocutory applications (IA No. 3274 of 2026 and IA No. 5865 of 2026) filed in an ongoing appeal (CA (AT) (Ins) No. 518 of 2025) before the National Company Law Appellate Tribunal (NCLAT). IA No. 3274 was filed by Rajinder Singh, claiming ownership of 8.137 acres of land in the Casa Espana Phase-II Project, seeking to intervene and exclude his land from the Corporate Insolvency Resolution Process (CIRP) assets of ATS Infrabuild Pvt. Ltd. (Corporate Debtor - CD). IA No. 5865 was filed by the Interim Resolution Professional (IRP) of the CD, seeking directions to restrain Rajinder Singh from construction activities on the said land, claiming it as part of the CD's assets. The CIRP against the CD was initiated on March 4, 2025, and the Suspended

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## Facts

IA No. 3274 of 2026 was filed by Rajinder Singh, claiming ownership of 8.137 acres of land of Casa Espana Phase-II Project.

IA No. 5865 of 2026 was filed by the RP of the Corporate Debtor (CD), ATS Infrabuild Pvt. Ltd.

Rajinder Singh sought to intervene in the proceedings and exclude his land from the CD's assets.

The RP sought an order to restrain Rajinder Singh from carrying out construction activities on the project site.

Rajinder Singh entered into a Joint Development Agreement (JDA) dated 21.11.2017 with the CD for development rights over 8.137 acres of land.

Rajinder Singh also executed a Power of Attorney (POA) dated 21.11.2017 in favour of the CD.

The landowner revoked the JDA vide letter dated 24.03.2023, citing no work done for over 6 years.

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## Issues and analysis

### Issue 1: Whether the Joint Development Agreement (JDA) and Power of Attorney (POA) executed by the landowner …

**Ratio:** Irrevocable contracts, especially those granting development rights coupled with

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**Reasoning:** The JDA and POA explicitly contained clauses (JDA clauses 2.1.1, 3.4.1, 10.1.7, 12.1,

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**Interpretation:** The contractual clauses clearly established the intent for irrevocability. The

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**Application:** The landowner's unilateral termination of the JDA on 24.03.2023 and

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## Parties

- **Judges:** Mohd. Faiz Alam…; Naresh Sa…
- **Appellants:** Santosh…; Suspended…; +1 more
- **Respondents:** ATS Infrabuild…; IDBI Trusteeship…; +1 more
- **Other parties:** Geetamber…; Rachit R…
- **Advocates:** Aryansh Tr…; Mr Ramji Srinivasa…; +10 more

## Timeline

- **2013-07-08 — DTCP Licens…**: The Director General of Town and Country Planning (DTCP) granted a license bearing no.…
- **2014-07-24 — Settlement Deed…**: A deed of full and final settlement was executed between Sardara Singh, Balbir Singh and…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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