# In the matter of Shubhkamna Buildtech Pvt. Ltd. CA No. 257-ND-2019 in Company Petition No. IB-1059-ND-2018

> NCLT judgment dated 2019-09-30. Citation: TCN-2019-NCLT-01152. The case involves an application filed by the Greater Noida Industrial Development Authority…

- **Court:** NCLT
- **Order date:** 30 Sept 2019
- **Citation:** TCN-2019-NCLT-01152
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shubhkamna-buildtech-pvt-ltd-ca-no-257-nd-2019-in-company-petition-no-ib-1059-nd-9c586bbc

## Summary

### Background

The case involves an application filed by the Greater Noida Industrial Development Authority (NOIDA) under Rule 11 of the National Company Law Tribunal Rules, 2016, read with Section 60(5) of the Insolvency and Bankruptcy Code, 2016. NOIDA sought directions from the Tribunal to the Resolution Professional (RP) to admit its claim as a Financial Creditor in the Corporate Insolvency Resolution Process (CIRP) of Shubhkamna Buildtech Pvt. Ltd. NOIDA had allotted a plot of land to Shubhkamna Buildtech Pvt. Ltd. via a registered lease deed. Concord Infrastructure Pvt. Ltd. initiated CIRP against Shubhkamna Buildtech Pvt. Ltd. under Section 9 of the IBC, 2016, due to defaults. NOIDA initially filed its claim as an Operational Creditor but later amended it to a Financial

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## Facts

1. Greater Noida Industrial Development Authority (NOIDA) allotted Plot No. GH-05B Sector 137, NOIDA, to M/s Shubhkamna Buildtech Pvt. Ltd. (Corporate Debtor) with an area of 22,565.77 Sq. Mtr.
2. A registered Lease Deed was executed on 2010-07-30 between NOIDA and the Corporate Debtor, transferring the plot on lease for 90 years commencing from 2010-07-30.
3. Concord Infrastructure Pvt. Ltd. initiated CIRP against Shubhkamna Buildtech Pvt. Ltd. under Section 9 of the IBC, 2016.
4. NOIDA initially filed its claim as an Operational Creditor (Form B) on 2019-02-22 but later amended it to a Financial Creditor (Form C) on 2019-03-18.
5. The total dues claimed by NOIDA were Rs. 99,32,55,183/-, emanating from unpaid lease premium as per the lease deed.
6. NOIDA was invited to the

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## Issues and analysis

### Issue 1: Whether there was any willful disobedience of the order dated 2019-07-26 by the Resolution …

**Ratio:** An order must be clear and unambiguous to establish willful disobedience. The order

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**Reasoning:** The Tribunal's order dated 2019-07-26 directed the RP to 'examine the claim' of NOIDA and

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**Interpretation:** The phrase 'examine the claim' is interpreted as granting the RP the authority

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**Application:** The Tribunal found that the RP's actions did not constitute willful

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## Parties

- **Judges:** DEEPTI M…; HEMANT KUMAR…
- **Appellants:** Greater Noida…
- **Respondents:** M/s. Shubhkamna…; Anand Son…
- **Advocates:** P. Na…; Rachi M…; +6 more

## Timeline

- **2010-07-30 — Lease Deed Ex…**: A registered Lease Deed was executed between…
- **2019-02-22 — Claim Filing as…**: NOIDA filed its claim as an…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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