# In the matter of Housing Development And Infrastructure Limited

> NCLT judgment dated 2024-07-11. Citation: TCN-2024-NCLT-01025. The Municipal Corporation of Greater Mumbai (MCGM) filed two Interlocutory Applications (IAs),…

- **Court:** NCLT
- **Order date:** 11 Jul 2024
- **Citation:** TCN-2024-NCLT-01025
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/housing-development-and-infrastructure-limited-b0314829

## Summary

### Background

The Municipal Corporation of Greater Mumbai (MCGM) filed two Interlocutory Applications (IAs), IA/418/2024 and IA/378/2024, under Section 60(5) of the Insolvency and Bankruptcy Code (IBC), 2016, seeking orders to direct the Resolution Professional (RP) of Housing Development and Infrastructure Limited (HDIL), the Corporate Debtor, to consider and accept their claims for outstanding water supply dues. IA/418/2024 pertains to a claim of Rs. 3,59,09,043, while IA/378/2024 concerns a claim of Rs. 1,03,52,710. The MCGM also sought condonation of delay in filing these claims. The Corporate Insolvency Resolution Process (CIRP) against HDIL was initiated on August 20, 2019. The RP opposed the applications, arguing that the claims were filed belatedly and that MCGM had not

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## Facts

The Municipal Corporation of Greater Mumbai (MCGM) filed two Interlocutory Applications (IAs), IA/418/2024 and IA/378/2024, seeking to direct the Resolution Professional (RP) of Housing Development and Infrastructure Limited (HDIL) to accept their claims for outstanding water supply dues. IA/418/2024 relates to a claim of Rs. 3,59,09,043, while IA/378/2024 concerns a claim of Rs. 1,03,52,710. The Corporate Insolvency Resolution Process (CIRP) against HDIL was initiated on August 20, 2019. MCGM claimed that HDIL, as the owner/developer of various properties, was liable to pay statutory dues for water supply since 2006. MCGM sent demand notices to Mr. Wariyam Singh, purportedly connected to the Dream Malls Project, but not directly to the Corporate Debtor or the RP. The

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## Issues and analysis

### Issue 1: Whether the Resolution Professional is obligated to consider the claims of the Municipal …

**Ratio:** The ratio is based on the interpretation of Regulation 12 of the CIRP Regulations, 2016,

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**Reasoning:** The Tribunal reasoned that the CIRP Regulations mandate creditors to file their claims

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**Interpretation:** The interpretation of Regulation 12 and the judicial precedents is that

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**Application:** In this case, MCGM's claims were filed belatedly, and there was no evidence of

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## Parties

- **Judges:** Charanjeet Singh…; LAKSHMI G…
- **Appellants:** Municipal…
- **Respondents:** Housing Developmen…; Abhay Narayan…
- **Advocates:** Prakash S…; Abhishek…; +4 more

## Timeline

- **2019-08-20 — Initiation…**: Corporate Insolvency Resolution Process (CIRP) was initiated against Housing Development…
- **2024-01-22 — Filing o…**: The present two IAs have…

## 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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