# In the matter of Logix City Developers Private Limited

> NCLT judgment dated 2023-12-22. Citation: TCN-2023-NCLT-00038. The case involves an application filed by a home buyer under Section 60(5) of the Code, 2016,…

- **Court:** NCLT
- **Order date:** 22 Dec 2023
- **Citation:** TCN-2023-NCLT-00038
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/logix-city-developers-private-limited-16c6fd47

## Summary

### Background

The case involves an application filed by a home buyer under Section 60(5) of the Code, 2016, seeking a directive against the respondents from interfering with the peaceful use and enjoyment of their unit (B-2004 blossom Zest, Sector 143, Noida) and impeding the supply of essentials, specifically the installation of an electricity meter. An application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ('IBC') was filed by the Financial Creditors against the Corporate Debtor, M/s. Logix City Developers Private Limited, which was admitted on 17.08.2022, leading to a moratorium and the appointment of an Interim Resolution Professional.

## Facts

Mr. Anil Kaushal & Ors., as Financial Creditors, initiated insolvency proceedings against M/s. Logix City Developers Private Limited, the Corporate Debtor. The application under Section 7 of IBC was admitted on 2022-08-17, leading to a moratorium and the appointment of Mr. Manohar Lal Vij as Interim Resolution Professional. Shri Amit Jain, the applicant (home buyer), filed an application (IA-4145/2023) seeking a directive to prevent interference with the peaceful enjoyment of his unit (B-2004 blossom Zest, Sector 143, Noida) and ensure the installation of an electricity meter. The applicant claims to have made full payment and received a No Objection Certificate (2021-09-24) and an offer of possession. However, the applicant alleges obstruction by maintenance staff

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## Issues and analysis

### Issue 1: Whether the respondents should be directed to not interfere in the peaceful use and enjoyment of …

**Ratio:** Section 60(5) of the Code, 2016, read with Rule 11 of the NCLT Rules, 2016, allows the

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**Reasoning:** The Adjudicating Authority considered the submissions of both parties and the Resolution

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**Interpretation:** Section 60(5) provides the NCLT with broad powers to address issues arising in

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**Application:** Given the Resolution Professional's assurance that the Resolution Plan

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## Parties

- **Judges:** BACHU VENKAT…; ATUL CHAT…
- **Appellants:** ANIL KA…
- **Respondents:** LOGIX CITY…; RESOLUTION…
- **Advocates:** Rakesh…; Vishal Hi…

## Timeline

- **2021-09-24 — No Objection Certificate…**: Corporate Debtor issued No Objection Certificate…
- **2022-08-17 — Application under…**: The application filed by the Financial Creditors against the Corporate Debtor was…

## 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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