# In the matter of Sunshine Housing & Infrasructure Pvt. Ltd.

> NCLT judgment dated 2025-08-07. Citation: TCN-2025-NCLT-01253. The case involves an application filed by the Liquidator, Mr. Gaurav Adukia, seeking permission…

- **Court:** NCLT
- **Order date:** 7 Aug 2025
- **Citation:** TCN-2025-NCLT-01253
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/nclt-mumbai/sunshine-housing-infrasructure-pvt-ltd-04fdc1d4

## Summary

### Background

The case involves an application filed by the Liquidator, Mr. Gaurav Adukia, seeking permission to pursue certain legal proceedings related to the Corporate Debtor, Sunshine Housing and Infrastructure Private Limited. The Corporate Insolvency Resolution Process (CIRP) was initiated against the Corporate Debtor, and a resolution plan submitted by Nandi Vardhan Infrastructure Ltd. was initially approved but later failed. Subsequently, liquidation was ordered, and Mr. Adukia was appointed as the Liquidator.

## Facts

CIRP was initiated against Sunshine Housing and Infrastructure Private Limited.

Nandi Vardhan Infrastructure Ltd.'s resolution plan was initially approved but failed.

Liquidation was ordered, and Mr. Gaurav Adukia was appointed as the Liquidator.

The Slum Rehabilitation Authority (SRA) terminated the Letter of Intent (LOI) in favor of the Corporate Debtor.

The Liquidator filed an application seeking permission to pursue legal proceedings related to the LOI termination.

An application seeking injunction against the society and the SRA for reinstatement of the LOI was dismissed.

The Tribunal allowed the re-initiation of CIRP in the matter of the Corporate Debtor.

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## Issues and analysis

### Issue 1: Whether the Liquidator should be permitted to institute, prosecute, and defend legal proceedings …

**Ratio:** Section 33(5) of the Insolvency and Bankruptcy Code, 2016 provides that when a

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**Reasoning:** The Tribunal considered that the rights of the Corporate Debtor in relation to the

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**Interpretation:** The Tribunal interpreted Section 33(5) to allow the Liquidator to institute

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**Application:** The Tribunal applied this interpretation to the present case, allowing the

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## Parties

- **Judges:** Prabhat…; Sushil Mahadeorao…
- **Appellants:** ICICI Prudential…; Gaurav A…
- **Respondents:** Sunshine Housing…; Sunshine Housing…
- **Advocates:** Mily Gh…; Sophia Hu…

## Timeline

- **07.08.2025 — Order Sheet of the…**: Order sheet of the…
- **08.05.2019 — Order for CIRP…**: Tribunal order dated 08.05.2019 passed in C.P. (IB) No. 4733 (MB) of 2018 initiated…

## 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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