# In the matter of RRP Housing Private Limited IA(IBC)-1387(CHE)2022 in TCP-70-IB-2017

> NCLT judgment dated 2023-06-15. Citation: TCN-2023-NCLT-02917. The case involves an application filed by the Liquidator of M/s. RRP Housing Private Limited…

- **Court:** NCLT
- **Order date:** 15 Jun 2023
- **Citation:** TCN-2023-NCLT-02917
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/rrp-housing-private-limited-iaibc-1387che2022-in-tcp-70-ib-2017-7f1a2079

## Summary

### Background

The case involves an application filed by the Liquidator of M/s. RRP Housing Private Limited under Section 35(1)(b)&(d) and Section 60(5) of the Insolvency & Bankruptcy Code, 2016. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor following an application under Section 7 of the IBC, 2016, filed by M/s. Sri Adinath Enterprises. The CIRP was initiated on 29.12.2017, and a liquidation order was passed on 04.04.2019. The Liquidator sought cooperation from the erstwhile directors (Respondents No. 2 to 4) to hand over the original title deeds of land at Maraimalai Nagar, measuring 216.22 cents, but the title deeds were not provided. The Liquidator proceeded with the liquidation, conducted a public auction, and the 5th

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## Facts

An application was filed by the Liquidator of M/s. RRP Housing Private Limited under Section 35(1)(b)&(d) and Section 60(5) of the Insolvency & Bankruptcy Code, 2016. The CIRP was initiated against the Corporate Debtor, M/s. RRP Housing Private Limited, based on an application filed by M/s. Sri Adinath Enterprises under Section 7 of the IBC, 2016. The CIRP commenced on 29.12.2017, and a liquidation order was issued on 04.04.2019. The Liquidator attempted to obtain the title deeds of land at Maraimalai Nagar (measuring 216.22 cents) from the erstwhile directors (Respondents No. 2 to 4), but they failed to provide them. The Liquidator proceeded with the liquidation process, including a public auction where the 5th Respondent emerged as the successful bidder for

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## Issues and analysis

### Issue 1: Whether the Respondent No. 1 is unauthorizedly having the title deeds of the schedule property and …

**Ratio:** The principle is that parties are expected to comply with orders of the Tribunal and

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**Reasoning:** The Tribunal noted that despite receiving notice and multiple opportunities, Respondent

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**Interpretation:** This issue involves the interpretation of the duties and responsibilities of

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**Application:** Given Respondent No. 1's failure to produce the title deeds or offer any

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## Parties

- **Judges:** SANJIV…; SAMEER…
- **Appellants:** Priya S.…
- **Respondents:** RRP Housing…; AKS Housing…

## Timeline

- **2017-12-29 — CIRP Init…**: Corporate Insolvency Resolution Process (CIRP)…
- **2019-04-04 — Liquidation…**: Order for liquidation of the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 35(1) — Powers and duties of liquidator](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-35)

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