# In the matter of Jaypee Kensington Boulevard Apartments Welfare Association & Ors. Vs. NBCC (India) Ltd. & Ors., Civil Appeal No(s). 3395/2020

> SC judgment dated 2021-03-02. Citation: TCN-2021-SC-00068. The case involves an appeal filed by Jaypee Kensington Boulevard Apartments Welfare Association &…

- **Court:** SC
- **Order date:** 2 Mar 2021
- **Citation:** TCN-2021-SC-00068
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/jaypee-kensington-boulevard-apartments-welfare-association-ors-vs-nbcc-c2ae8309

## Summary

### Background

The case involves an appeal filed by Jaypee Kensington Boulevard Apartments Welfare Association & Ors. against NBCC (India) Ltd & Ors. The matter pertains to an F.I.R. registered against the Interim Resolution Professional (IRP), Mr. Anuj Jain, at Police Station Beta-II in District Greater Noida. The police arrested Mr. Jain, leading to the present proceedings before the Supreme Court.

## Facts

Jaypee Kensington Boulevard Apartments Welfare Association & Ors. filed an appeal against NBCC (India) Ltd & Ors. An F.I.R. No. 0098/2021 was registered at Police Station Beta-II in District Greater Noida. The Uttar Pradesh Police arrested Mr. Anuj Jain, the Interim Resolution Professional (IRP), who was appointed by the Court and entrusted with the functioning of the company. The arrest was based on the Investigating Officer's belief that Mr. Jain might leave India to avoid prosecution. The Supreme Court heard the matter on 02-03-2021.

## Issues and analysis

### Issue 1: Whether the arrest of the Interim Resolution Professional (IRP), Mr. Anuj Jain, by the Uttar …

**Ratio:** Section 233 of the Insolvency and Bankruptcy Code provides certain protections and

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**Reasoning:** The Court noted that the police official dealing with the case appeared unfamiliar with

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**Interpretation:** Section 233 of the IBC aims to protect the IRP from unwarranted legal actions

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**Application:** The Court applied the principle of protecting IRPs under Section 233 of the IBC

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## Parties

- **Judges:** A.M. KHAN…; DINESH MAHE…
- **Appellants:** Jaypee Kensington…
- **Respondents:** NBCC (India…

## Timeline

- **2021-03-02 — Hearing…**: The Supreme Court heard the application…
- **2021-03-02 — Order for R…**: The Supreme Court directed the immediate…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 32 — Appeal](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-32)

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