# ORRIS INFRASTRUCTURE PRIVATE LIMITED vs. RAKESH KUMAR GUPTA & ORS.

> SC judgment dated 2026-09-30. Citation: TCN-2026-SC-00110. The Corporate Insolvency Resolution Process (CIRP) was initiated against M/s Three C Shelters Pvt.…

- **Court:** SC
- **Order date:** 30 Sept 2026
- **Citation:** TCN-2026-SC-00110
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/orris-infrastructure-private-limited-vs-rakesh-kumar-gu-25p75

## Summary

### Background

The Corporate Insolvency Resolution Process (CIRP) was initiated against M/s Three C Shelters Pvt. Ltd. (Corporate Debtor) based on a Section 9 petition filed by M/s Straight Edge Contracts Pvt. Ltd., claiming to be an operational creditor. Allegations of fraud and collusion between the operational creditor and the corporate debtor emerged. Homebuyers, organized as Greenopolis Welfare Association, and Orris Infrastructure Pvt. Ltd. (landowner and joint promoter) were aggrieved by the CIRP initiation. The Adjudicating Authority (AA) found clear fraud and collusion but initially held it lacked the power to recall its admission order. The National Company Law Appellate Tribunal (NCLAT) reversed this, asserting the AA's power to recall orders obtained by fraud and

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## Facts

Orris Infrastructure Private Limited is the landowner of 47.218 acres of land at Sector 89, Gurgaon.

Orris entered into a development agreement on 02.11.2011 with M/s Three C Shelters Private Limited (Corporate Debtor) for the Greenopolis real estate project (1862 flats).

The agreement stipulated a 65:35 flat sharing ratio between the Corporate Debtor and Orris, respectively.

Between 2012-13, Orris and the Corporate Debtor entered into tripartite apartment buyer agreements with various home buyers.

Clause 5 of the agreement required the Corporate Debtor to complete construction within 36 months with a grace period of 6 months, which was not met.

Aggrieved home buyers formed the Greenopolis Welfare Association (GWA) to seek remedies.

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## Issues and analysis

### Issue 1: Whether the Adjudicating Authority has the power and jurisdiction to recall CIRP by dismissing the …

**Ratio:** The Adjudicating Authority (AA) possesses the inherent power and jurisdiction to recall

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**Reasoning:** The existence of a 'debt' is a fundamental jurisdictional fact required for the AA to

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**Interpretation:** Jurisdictional facts are conditions precedent for a court or tribunal to

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**Application:** The AA initially concluded it lacked the power to recall its order despite

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## Parties

- **Judges:** Pamidighantam Sri…; ALOK AR…
- **Appellants:** ORRIS INFRASTRUCTU…; GREENOPOLIS…; +4 more
- **Respondents:** M/s Three C…; RAKESH KUMAR…
- **Other parties:** Girish Chander…; Rajiv B…; +2 more
- **Advocates:** Ramji Srin…; Mukul Ro…; +1 more

## Timeline

- **2011-11-02 — Development A…**: Orris Infrastructure Private Limited entered into a development agreement with M/s Three…
- **2012-2013 — Tripartite Apartment…**: Orris and M/s Three C Shelters Private Limited entered into tripartite apartment buyer…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 9 — Application for initiation of corporate insolvency…](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-9)

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