# In the matter of Royal Splendour Developers (P)  Ltd. MA-4-2019 in CP-628-CB-IB-2017

> NCLT judgment dated 2019-08-07. Citation: TCN-2019-NCLT-02042. The case involves a resolution plan for Royal Splendour Developers (P) LTD. The Resolution…

- **Court:** NCLT
- **Order date:** 7 Aug 2019
- **Citation:** TCN-2019-NCLT-02042
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/royal-splendour-developers-p-ltd-ma-4-2019-in-cp-628-cb-ib-2017-94fadaae

## Summary

### Background

The case involves a resolution plan for Royal Splendour Developers (P) LTD. The Resolution Applicant filed an affidavit stating that implementing the resolution plan is difficult because the Government proposed to lay a High Tension 440 KVA line through the Corporate Debtor's asset. The Resolution Professional filed a Writ Petition against TANTRANSCO, and the High Court of Madras passed an interim order to maintain the status quo. The High Court also directed the District Collector to consider the issue raised by the Applicant in the Writ Petition. The Resolution Applicant failed to get consent from adjoining landowners for a joint venture agreement.

## Facts

The Resolution Applicant submitted an affidavit stating that implementing the resolution plan for Royal Splendour Developers (P) LTD is difficult. The Government proposed to lay a High Tension 440 KVA line through the Corporate Debtor's asset in Semmanchery Village, Thiruporur Taluk, Kancheepuram District. The Resolution Professional filed a Writ Petition against TANTRANSCO (State Electricity Department). The High Court of Madras passed an interim order to maintain status quo and directed the District Collector to consider the issue. The Resolution Applicant tried to tie up with farmers reflected in the Joint Venture Agreement but failed to get consent from adjoining landowners. The Resolution Applicant expressed inability to implement the Resolution Plan and adhere to

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## Issues and analysis

### Issue 1: Whether the Resolution Applicant can implement the resolution plan given the proposed High Tension …

**Ratio:** The court considered the practical difficulties in implementing the resolution plan due

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**Reasoning:** The court reasoned that the proposed High Tension line and the ongoing legal proceedings,

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**Interpretation:** The court interpreted the situation as a significant impediment to the

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**Application:** The court applied the ratio to the specific facts of the case, acknowledging

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## Parties

- **Judges:** B.S.V. Prakash…; S. VIJAYARA…
- **Appellants:** E. VIS…
- **Respondents:** ROYAL SPLENDOUR…

## Timeline

- **2019-08-05 — Bench Dir…**: The Bench directed the Resolution…
- **2019-06-12 — High Court…**: The High Court of Madras passed an…

## Legal provisions

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

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