# In the matter of Sunshine Housing & Infrasructure Private Limited MA No. 3193 of 2019 in C.P. (IB) No. 4733-MB-2018

> NCLT judgment dated 2021-05-13. Citation: TCN-2021-NCLT-02142. The case involves an application filed by the Resolution Professional (RP) of Sunshine Housing…

- **Court:** NCLT
- **Order date:** 13 May 2021
- **Citation:** TCN-2021-NCLT-02142
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-chandigarh/sunshine-housing-infrasructure-private-limited-ma-no-3193-of-2019-in-cp-ib-no-47-e73a55d8

## Summary

### Background

The case involves an application filed by the Resolution Professional (RP) of Sunshine Housing & Infrastructure Private Limited, the Corporate Debtor, seeking prohibitory orders against the Slum Rehabilitation Authority (SRA), Respondent No. 1, regarding its order dated 17.07.2019, which terminated the Corporate Debtor's appointment as developer for a Slum Rehabilitation Scheme (SRS). The Corporate Debtor was appointed as the developer by Trimurti Cooperative Housing Society Limited (R3) to undertake redevelopment work on a property declared as a 'slum area'. The Corporate Debtor faced financial difficulties, defaulted on rent payments to slum dwellers, and loan repayments, leading to the initiation of Corporate Insolvency Resolution Process (CIRP) under Section 7

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## Facts

Sunshine Housing & Infrastructure Private Limited (Corporate Debtor) was appointed as the developer for a Slum Rehabilitation Scheme (SRS) on a property owned by Trimurti Cooperative Housing Society Limited (R3). The property, located in Mumbai, was declared a 'slum area' under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 (MSA Act). The Corporate Debtor entered into a Development Agreement with R3 on 27.10.2010, which was later revised and registered on 28.09.2013 and 30.09.2013 respectively. The Slum Rehabilitation Authority (SRA), Respondent No. 1, recognized the Corporate Debtor as the developer on 16.11.2010 and issued necessary permissions and commencement certificates for construction. However, the Corporate Debtor faced

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## Issues and analysis

### Issue 1: Whether the order dated 17.07.2019 issued during …

**Ratio:** Section 14(1)(d) of the Insolvency and Bankruptcy Code (IBC) prohibits the recovery of

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**Reasoning:** The court reasoned that the termination of the Corporate Debtor's appointment as

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**Interpretation:** Section 14(1)(d) of the IBC imposes a moratorium on any action to recover

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**Application:** In this case, the SRA's order terminating the Corporate Debtor's appointment as

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## Parties

- **Judges:** Janab Mohammed…; V. Nallasen…
- **Appellants:** Rajendra M.…
- **Respondents:** Sunshine Housing…; Slum Rehabilitatio…

## Timeline

- **1977-10-15 — Property Declared as…**: The property was declared as a 'slum area' under Notification No. SAA/MALAD/13 under the…
- **2010-09-27 — Resolution to Appoint…**: Trimurti Cooperative Housing Society Limited (R3) resolved to appoint the Corporate…

## 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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