# In the matter of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors. Civil Appeal Diary No(s). 14741-2020

> SC judgment dated 2020-09-10. Citation: TCN-2020-SC-00034. The case involves a civil appeal before the Supreme Court of India. Several IAs (Interlocutory…

- **Court:** SC
- **Order date:** 10 Sept 2020
- **Citation:** TCN-2020-SC-00034
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/jaypee-kensington-boulevard-apartments-welfare-association-ors-vs-nbcc-83434aaf

## Summary

### Background

The case involves a civil appeal before the Supreme Court of India. Several IAs (Interlocutory Applications) were filed, including applications for exemption from filing affidavits, intervention/impleadment, permission to file additional documents, and stay applications. The court's attention was drawn to an application filed by the Interim Resolution Professional (IRP).

## Facts

Jaypee Kensington Boulevard Apartments Welfare Association & ORS. filed a civil appeal against NBCC (India) LTD & ORS. Multiple interlocutory applications were filed by various parties, including applications for exemption from filing affidavits, intervention/impleadment, permission to file additional documents, and stay applications. The Interim Resolution Professional (IRP) filed an application (I.A. No. 89385/2020), drawing the court's attention to the ongoing resolution plan. The court considered the application and the arguments presented.

## Issues and analysis

### Issue 1: Whether any coercive action should be taken against the Company while the resolution plan is under …

**Ratio:** Section 14 of the Insolvency and Bankruptcy Code, 2016, provides for a moratorium to

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**Reasoning:** The court reasoned that since the entire resolution plan was pending consideration, it

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**Interpretation:** Section 14 is interpreted to mean that during the pendency of a resolution

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**Application:** The court applied the principle of Section 14 to the present case, ordering

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## Parties

- **Judges:** A.M. KHAN…; DINESH MAHE…; +1 more
- **Appellants:** JAYPEE KENSINGTON…
- **Respondents:** NBCC (INDIA) LTD…

## Timeline

- **2020-09-10 — Hearing…**: The matters were called…
- **2020-09-14 — Next Hearin…**: The matters were listed for further…

## 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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