# In the matter of AMR Infrastructure Limited

> NCLT judgment dated 2024-02-07. Citation: TCN-2024-NCLT-02719. The case involves an application (IA-37/2022) filed by Mr. Satish Kumar and 47 others, seeking…

- **Court:** NCLT
- **Order date:** 7 Feb 2024
- **Citation:** TCN-2024-NCLT-02719
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/amr-infrastructure-limited-05d1dea4

## Summary

### Background

The case involves an application (IA-37/2022) filed by Mr. Satish Kumar and 47 others, seeking access to units purchased by them through registered lease deeds and permission to commence commercial activity. This application was filed under Rule 11 of the NCLT Rules, 2016. The backdrop includes an earlier application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) filed by Financial Creditors Nikhil Mehta & Sons (HUF) & Ors. against Corporate Debtor AMR Infrastructures Limited, which was admitted on 10.05.2018. A resolution plan was submitted and approved by the CoC on 20.05.2019. CA-1069-(ND)-2019 was filed to seek approval of the Resolution Plan, which is pending adjudication.

## Facts

Nikhil Mehta & Sons (HUF) & Ors., the Financial Creditors, initiated insolvency proceedings against AMR Infrastructures Limited (Corporate Debtor) under Section 7 of the IBC. The application was admitted on 2018-05-10. Mr. Vikram Bajaj was appointed as the Interim Resolution Professional and later confirmed as the Resolution Professional. Mr. Satish Kumar and 47 others (Applicants) purchased commercial/residential units in a project launched by the Corporate Debtor. They possess registered tripartite lease deeds executed by GNIDA and M/s. RC Info System. The Applicants sought access to their units and permission to commence commercial activities, but the Resolution Professional disallowed access, requesting an indemnity bond. The project is incomplete, lacking

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## Issues and analysis

### Issue 1: Whether the Applicants should be granted access to their units purchased through registered lease …

**Ratio:** The conduct of the Resolution Professional to not allow free Ingress and Egress to the

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**Reasoning:** The court found that denying access to the Applicants/Homebuyers was not justified. The

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**Interpretation:** This issue involves the interpretation of the rights of homebuyers with

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**Application:** The court applied the ratio by directing the Resolution Professional to restore

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## Parties

- **Judges:** ATUL CHAT…; BACHU VENKAT…
- **Appellants:** Nikhil Mehta &…
- **Respondents:** AMR Infrastructure…; Vikram…
- **Advocates:** Anil…; Abhishek…; +4 more

## Timeline

- **2018-05-10 — Admission of Section 7…**: Application under Section 7 of IBC filed by Nikhil Mehta & Sons (HUF) & Ors. against AMR…
- **2019-05-20 — CoC Approval of…**: The Committee of Creditors approved a Resolution Plan in its 7th meeting with 74.44%…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 7 — Initiation of corporate insolvency resolution…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-7)

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