# In the matter of Gruha Kalyan Housing Projects Pvt. Limited I.A.No. 69-2020 in C.P. (IB) No.92-BB-2018

> NCLT judgment dated 2020-02-25. Citation: TCN-2020-NCLT-01826. The case pertains to I.A. No. 69 of 2020 filed in C.P. (IB) No. 92/BB/2018 under Section 63 of…

- **Court:** NCLT
- **Order date:** 25 Feb 2020
- **Citation:** TCN-2020-NCLT-01826
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gruha-kalyan-housing-projects-pvt-limited-iano-69-2020-in-cp-ib-no92-bb-2018-553fddbd

## Summary

### Background

The case pertains to I.A. No. 69 of 2020 filed in C.P. (IB) No. 92/BB/2018 under Section 63 of the I&B Code, 2016. The applicant is Mr. Shankar B Iyer, the Resolution Professional (RP) of M/s. GruhaKalyana Housing Projects Private Limited. The RP sought directions to the Principal Secretary, Revenue, Government of Karnataka, and the Assistant Commissioner, Bangalore South, to hand over the assets, properties, books of accounts, and records of M/s. GruhaKalyana Housing Projects Private Limited to the RP. The Principal Secretary, Revenue Department, had rejected the RP's request, leading to the filing of the application.

## Facts

Mr. Shankar B Iyer, the Resolution Professional (RP) of M/s. GruhaKalyana Housing Projects Private Limited, filed I.A. No. 69 of 2020 in C.P. (IB) No. 92/BB/2018 seeking directions to the Principal Secretary, Revenue, Government of Karnataka, and the Assistant Commissioner, Bangalore South, to hand over assets, properties, books of accounts, and records of the Corporate Debtor to the RP. The RP had previously submitted a representation to the Under Secretary, Government of Karnataka, Revenue Department, requesting the handover of these assets. However, the Principal Secretary, Revenue Department, rejected this request on 2019-12-31. The RP then filed the application, arguing that the rejection was not in accordance with the law. The RP relied on several judgments to

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## Issues and analysis

### Issue 1: Whether the rejection by the Principal Secretary, Revenue Department, of the Resolution …

**Ratio:** The court did not explicitly state a ratio but implied that the Revenue Department's

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**Reasoning:** The court reasoned that the legal propositions and contentions presented in the

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**Interpretation:** The interpretation is that the court acknowledged the importance of considering

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**Application:** The court applied this reasoning by allowing the RP to submit a detailed

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## Parties

- **Judges:** Rajeswara Rao…; Ashutosh C…
- **Appellants:** Shankar B…
- **Respondents:** GruhaKalyana…

## Timeline

- **2018-01-01 — Filing of CP(IB)No.…**: Corporate Insolvency Resolution Process initiated against GruhaKalyana Housing Projects…
- **2020-02-25 — Order Da…**: Order passed by NCLT Bengaluru Bench regarding I.A. No. 69 of 2020 in CP(IB) No.…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 63 — Civil court not to have jurisdiction](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-63)

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