# In the matter of Shubhkamna Buildtech Pvt. Ltd.

> Read the full IBC case summary for In the matter of Shubhkamna Buildtech Pvt. Ltd.. NCLT judgment dated 2025-11-03. Citation: TCN-2025-NCLT-01690.

- **Court:** NCLT
- **Order date:** 3 Nov 2025
- **Citation:** TCN-2025-NCLT-01690
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/shubhkamna-buildtech-pvt-ltd-d9386136

## Summary

### Background

The applicants, who are the successful resolution applicants, filed an application seeking directions for a structural audit of the corporate debtor's project, approvals from Greater Noida Industrial Development Authority, and permission to seek approval for remedial costs, citing structural damage due to sewage leakage and the need to preserve the project's viability and the approved Resolution Plan.

## Facts

The applicants are the Successful Resolution Applicants in the Corporate Insolvency Resolution Process (CIRP) of Shubhkamna Buildtech Pvt. Ltd. Their Resolution Plan was approved by the Committee of Creditors with an 85.57% voting share. Subsequently, the Resolution Plan was approved by the NCLT via an order dated September 12, 2022. The Greater Noida Industrial Development Authority (GNIDA) had objected to the Resolution Plan, claiming to be a secured creditor, and has since appealed the NCLT's approval order to the NCLAT.

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## Issues and analysis

### Issue 1: Whether the application seeking directions for a structural audit and remedial work, and approvals…

**Ratio:** An Adjudicating Authority's residual powers under Section 60(5) of the IBC cannot be…

**Reasoning:** The Adjudicating Authority reasoned that once a Resolution Plan is approved under Section…

**Interpretation:** The court interpreted Section 60(5) of the Code narrowly, emphasizing that its…

**Application:** Applying this interpretation, the court found that the applicants' request for…

## Parties

- **Judges:** MANNI SANKARIAH…; ATUL CHAT…
- **Advocates:** For the Applicant:…; Amar V…; +7 more

## Timeline

- **September 12, 2022 — Resolution Plan…**: The Resolution Plan submitted by the…
- **August 22, 2025 — Direction for Affidavit…**: The Adjudicating Authority directed the applicant to file an affidavit of maintainability…

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