# In the matter of West Bengal Housing Infrastructure Development Corporation Ltd. vs. Kshitiz Chhawchharia

> NCLAT judgment dated 2025-10-28. Citation: TCN-2025-NCLAT-00549. West Bengal Housing Infrastructure Development Corporation Ltd. filed an appeal against the…

- **Court:** NCLAT
- **Order date:** 28 Oct 2025
- **Citation:** TCN-2025-NCLAT-00549
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclat-new-delhi/west-bengal-housing-infrastructure-development-corporation-ltd-vs-kshitiz-chhawc-5dc1252d

## Summary

### Background

West Bengal Housing Infrastructure Development Corporation Ltd. filed an appeal against the rejection of its application (IA No. 1763 of 2019) by the National Company Law Tribunal (NCLT), Kolkata, concerning a leasehold property.

## Facts

West Bengal Housing Infrastructure Development Corporation Ltd. (WBHIDCO) granted a lease of land to Concast Ispat Ltd. (CIL) for 99 years.

CIL was amalgamated with Concast Steel and Power Limited (CSPL) on November 26, 2015.

WBHIDCO claimed it did not grant approval for the transfer of the land from CIL to CSPL.

The liquidator of CSPL advertised the land for sale as part of the liquidation estate.

WBHIDCO filed an application (IA No. 1763 of 2019) before the NCLT Kolkata seeking directions, which was rejected.

The amalgamation order was rectified on September 14, 2018, to include the subject land.

WBHIDCO was informed about the amalgamation and the rectification of the order.

…

## Issues and analysis

### Issue 1: Whether the leasehold rights of the land were validly transferred to CSPL through the amalgamation …

**Ratio:** The tribunal held that the appellant had given implied consent by not raising any

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**Reasoning:** The appellant was aware of the amalgamation and the rectification of the order, and the

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**Interpretation:** The tribunal interpreted the appellant's conduct as an implied consent to the

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**Application:** The principle of implied consent was applied to the facts of the case, leading

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## Parties

- **Judges:** Mohd. Faiz Alam…; Arun Ba…
- **Appellants:** West Bengal…
- **Respondents:** Concast Steel &…; Kshitiz Chhawchhar…
- **Other parties:** Kshitiz Chhawchhar…
- **Advocates:** Palash S. S…; Harshal S…; +6 more

## Timeline

- **2024-08-30 — Order Da…**: Order passed by the 'Adjudicating Authority' (National Company Law Tribunal, Division…
- **2012-09-17 — Lease Dee…**: Date of the lease deed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 61 — Appeals and Appellate Authority](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-61)

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