# In the matter of Today Homes and Infrastructure Private Limited

> NCLT judgment dated 2023-12-22. Citation: TCN-2023-NCLT-00013. The case involves an application (IA-4876/2020) filed by Mr. Nilesh Sharma, the Resolution…

- **Court:** NCLT
- **Order date:** 22 Dec 2023
- **Citation:** TCN-2023-NCLT-00013
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-division-bench-court-i-chenn/today-homes-and-infrastructure-private-limited-10eb028b

## Summary

### Background

The case involves an application (IA-4876/2020) filed by Mr. Nilesh Sharma, the Resolution Professional of the Corporate Debtor, seeking certain reliefs related to the possession of land. The initial corporate insolvency resolution process (CIRP) was initiated by Dynacon Projects Private Limited against Today Homes & Infrastructure Private Limited (Corporate Debtor) under Section 9 of the Insolvency and Bankruptcy Code (IBC). The application was admitted on 31.10.2019, and a moratorium was declared. A resolution plan submitted by the Consortium of Canary Greens Buyers Welfare Association, Callidora Flat Owners Welfare Association, and Royal Elegencia Apartment Buyers Association was approved by the Committee of Creditors (CoC). The Resolution Professional then

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## Facts

Dynacon Projects Private Limited initiated CIRP against Today Homes & Infrastructure Private Limited (Corporate Debtor) under Section 9 of IBC. The application was admitted on 31.10.2019, and a moratorium was declared. Mr. Nilesh Sharma was confirmed as the Resolution Professional. A resolution plan submitted by a consortium of buyer's welfare associations was approved by the CoC. The Resolution Professional submitted IA-4766/2021 for approval of the resolution plan, which is pending. The current application, IA-4876/2020, was filed by the Resolution Professional seeking possession of land based on a General Power of Attorney dated 06.08.2010, claiming the Corporate Debtor had development rights. The Respondents disputed the Resolution Professional's claim of

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority can decide on the disputed questions regarding the possession of …

**Ratio:** The Adjudicating Authority cannot decide on disputed questions regarding the possession

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**Reasoning:** The Adjudicating Authority, based on a similar situation in other IAs, determined that

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**Interpretation:** The IBC framework and the NCLT's jurisdiction are primarily focused on

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**Application:** In this case, the dispute over the possession of the land involves conflicting

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## Parties

- **Judges:** ATUL CHAT…; BACHU VENKAT…
- **Appellants:** Nilesh S…
- **Respondents:** Today Homes &…; Atul K…

## Timeline

- **2019-10-31 — CIRP Init…**: Application under Section 9 of IBC filed by Dynacon Projects Private Limited was…
- **2020-01-09 — Appointment of…**: Mr. Nilesh Sharma was confirmed…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 14 — Moratorium](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-14)

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