# In the matter of Gupta Infrastructure (India) Private Limited IA No. 20 of 2021 in C.P. (IB) No. 1397-MB-2017

> NCLT judgment dated 2021-06-10. Citation: TCN-2021-NCLT-01990. This case involves an application by the liquidator of Gupta Infrastructure (India) Private…

- **Court:** NCLT
- **Order date:** 10 Jun 2021
- **Citation:** TCN-2021-NCLT-01990
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/gupta-infrastructure-india-private-limited-ia-no-20-of-2021-in-cp-ib-no-1397-mb-3469f3ca

## Summary

### Background

This case involves an application by the liquidator of Gupta Infrastructure (India) Private Limited, seeking direction from the NCLT to compel Ranjan Agarwal, the respondent, to hand over vacant possession of a shop unit within a mall owned by the corporate debtor. The corporate debtor, Gupta Infrastructure (India) Private Limited, was undergoing Corporate Insolvency Resolution Process (CIRP) initiated by Bank of India. The CIRP, however, was unsuccessful, leading to the liquidation of the corporate debtor, and the applicant, Atul Rajwadkar, was appointed as the liquidator. The respondent was a licensee of a shop unit in the mall owned by the corporate debtor under a Leave and License agreement. Disputes arose regarding unpaid rent, with the respondent invoking the

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## Facts

Gupta Infrastructure (India) Private Limited, the Corporate Debtor, owned a mall in Chhattisgarh. Bank of India initiated CIRP against Gupta Infrastructure, which was admitted on 2018-02-01. The CIRP failed, leading to liquidation, and Atul Rajwadkar was appointed as the liquidator. Ranjan Agarwal, the Respondent, was a licensee of a shop unit in the mall under a Leave and License agreement dated 2012-10-03, with a monthly rent of ₹24,000. The agreement was to expire on 2021-10-02. The Respondent defaulted on rent payments, with ₹3,95,822 outstanding as of November 2020, increasing to ₹4,72,230 by 2021-01-07. Due to COVID-19 lockdowns, the mall was closed for periods between March and September 2020, and the Applicant waived 90% of license fees for April, May, and June

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## Issues and analysis

### Issue 1: Whether the Respondent should be directed to handover vacant possession of the shop unit to the …

**Ratio:** The NCLT has the authority to direct the handover of possession to facilitate the

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**Reasoning:** The NCLT reasoned that the Corporate Debtor is under CIRP, and the Respondent's continued

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**Interpretation:** The court interprets the IBC to prioritize the resolution process and the

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**Application:** The NCLT applied this principle to the specific facts, directing the Respondent

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## Parties

- **Judges:** Janab Mohammed…; V. Nallasen…
- **Appellants:** Atul Rajw…
- **Respondents:** Gupta Infrastructu…; Ranjan Ag…

## Timeline

- **2012-10-03 — Leave and License…**: Leave and License agreement was executed between Gupta Infrastructure (India) Private…
- **2018-02-01 — CIRP Admi…**: CIRP initiated by Bank of India against Gupta Infrastructure (India) Private Limited was…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 60(5) — Adjudicating Authority for corporate persons](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-60)

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