# Approval of Resolution Plan - Avani Towers Private Limited

> NCLT judgment dated 2025-01-03. Citation: TCN-2025-NCLT-00681. The case involves multiple applications (I.A.s) related to the Corporate Insolvency Resolution…

- **Court:** NCLT
- **Order date:** 3 Jan 2025
- **Citation:** TCN-2025-NCLT-00681
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/approval-of-resolution-plan-avani-towers-private-limited-31d73031

## Summary

### Background

The case involves multiple applications (I.A.s) related to the Corporate Insolvency Resolution Process (CIRP) of Avani Towers Private Limited. Sesa International Limited initiated the CIRP as a financial creditor. Victory Iron Works Limited, claiming to be affected by the resolution plan, filed applications seeking various reliefs, including setting aside portions of the resolution plan and preventing obstruction of their business. Energy Properties Private Limited, the landowner, was also involved. The Resolution Professional (RP) submitted a resolution plan approved by the Committee of Creditors (CoC). The core dispute revolves around the rights and interests of Victory Iron, which occupies a portion of the corporate debtor's land under a leave and license agreement,

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## Facts

Avani Towers Private Limited, a real estate construction and development company, entered into a Memorandum of Understanding (MoU) with Energy Properties Private Limited (EPPL) on 2008-01-24, to acquire land in Howrah. A Development Agreement followed on 2008-06-16, obligating Avani Towers to commence construction within six months and complete it within five years. On 2011-08-19, Avani Towers, EPPL, and Victory Iron Works Limited entered into a Leave and License Agreement, allowing Victory Iron to operate its manufacturing business on 10,000 sq. ft. of the property. Victory Iron has been in continuous possession since then. The Leave and License Agreement expired on 2012-07-18, but Victory Iron continued to occupy the area without paying the license fee. CIRP was

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has jurisdiction to decide the scope, extent, validity, …

**Ratio:** The Adjudicating Authority does not have jurisdictional power to consider the issue

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**Reasoning:** The court reasoned that the determination of the terms and validity of the Leave and

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**Interpretation:** The interpretation of Section 25 of the I&B Code suggests that while the RP

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**Application:** The court applied this reasoning to the specific facts of the case, finding

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## Parties

- **Judges:** BIDISHA BA…; SHRI. D.A…
- **Appellants:** Victory Iron…
- **Respondents:** Avani Towers…; Jitendra Lohia,…

## Timeline

- **2008-01-24 — Memorandum of…**: Corporate Debtor entered into a Memorandum of Understanding (MoU) with Energy Properties…
- **2008-06-16 — Development A…**: Corporate Debtor and Respondent No. 4…

## 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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