# In the matter of Opulent Infradevelopers Pvt. Ltd.

> NCLT judgment dated 2025-04-17. Citation: TCN-2025-NCLT-00209. This application was filed under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016,…

- **Court:** NCLT
- **Order date:** 17 Apr 2025
- **Citation:** TCN-2025-NCLT-00209
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/opulent-infradevelopers-pvt-ltd-f868bfb4

## Summary

### Background

This application was filed under Section 60(5)(c) of the Insolvency and Bankruptcy Code, 2016, read with Rule 11 of the NCLT Rules, 2016, by M/s Urbtech Xaviers Welfare Society against Mr. Devendra Umrao, the Resolution Professional of M/s Opulent Infradevelopers Pvt. Ltd, seeking various reliefs. The applicant sought directions to the RP regarding avoidance provisions, asset protection, and cooperation for AOA registration. The CIRP of the Corporate Debtor commenced on 12.07.2022, with the applicant initially appointed as IRP and later confirmed as RP. A resolution plan submitted by Amtex Infrastructure was approved by the CoC on 08.07.2023 and is pending adjudication.

## Facts

The Corporate Debtor, Opulent Infradevelopers Pvt. Ltd, underwent CIRP commencing on 12.07.2022. Urbtech Xaviers Welfare Society, the applicant, was initially appointed as the IRP and later confirmed as the RP. A resolution plan submitted by Amtex Infrastructure was approved by the CoC on 08.07.2023. The applicant filed an application raising concerns about the RP's conduct, including the verification of claims, the inclusion of DTH Masters Manufacturing Private Limited as a related party in the CoC, and alleged fraudulent transactions. The applicant also raised issues regarding maintenance services and project deficiencies. The Respondent RP had been submitted claims amounting to Rs.155.33 Crore of Government Dues and Rs.158.18 Crore by the Applicant. The Respondent

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## Issues and analysis

### Issue 1: Whether the application filed by Urbtech Xaviers Welfare Society is maintainable under Section …

**Ratio:** The legislative scheme under the Insolvency and Bankruptcy Code, 2016 (IBC), particularly

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**Reasoning:** The NCLT observed that the applicant was not the authorised representative of the class

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**Interpretation:** Regulation 16A(10)(j) of the CIRP Regulations, as amended in 2023, mandates

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**Application:** The applicant, Urbtech Xaviers Welfare Society, was not the authorised

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## Parties

- **Judges:** MANNI SANKARIAH…; Sanjeev R…
- **Appellants:** M/s URBTECH…
- **Respondents:** M/s OPULENT…; DEVENDRA…
- **Advocates:** Haisween…; Gaurav…; +1 more

## Timeline

- **2022-07-12 — CIRP Commen…**: CIRP of Opulent…
- **2023-07-08 — Resolution Plan…**: Resolution Plan submitted by Amtex Infrastructure approved by the Committee of Creditors…

## 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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