# Orris Infrastructure Private Limited vs. Rakesh Kumar Gupta & Ors.

> SC judgment dated 2026-09-30. Citation: TCN-2026-SC-00108. The case involves a Corporate Insolvency Resolution Process (CIRP) initiated against M/s Three C…

- **Court:** SC
- **Order date:** 30 Sept 2026
- **Citation:** TCN-2026-SC-00108
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/orris-infrastructure-private-limited-vs-rakesh-kumar-gu-ehksd

## Summary

### Background

The case involves a Corporate Insolvency Resolution Process (CIRP) initiated against M/s Three C Shelters Private Limited (Corporate Debtor) by M/s Straight Edge Contracts Pvt. Ltd., claiming to be an operational creditor. The initiation was later found to be fraudulent and collusive, with the Corporate Debtor's directors admitting a non-existent debt. This led to appeals challenging the CIRP's validity, particularly concerning the Adjudicating Authority's power to recall its admission order and the continuation of CIRP despite fraud. Homebuyers, who had invested in the Greenopolis project, were also aggrieved by the delays and the fraudulent CIRP.

## Facts

Orris Infrastructure Private Limited is the landowner of a 47.218-acre parcel of land situated at Sector 89, Gurgaon.

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

The agreement stipulated that the Corporate Debtor was to develop the Project at its own cost, and the constructed flats would be shared in the ratio of 65:35 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.

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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) has the power and jurisdiction to recall the admission of

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**Reasoning:** The AA initially held it had no power to recall its own order, citing NCLAT's stance in

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**Interpretation:** The principle of "jurisdictional facts" is crucial; if the

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**Application:** In the present case, since it was conclusively proved that the Section 9

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## Parties

- **Judges:** Pamidighantam Sri…; ALOK AR…
- **Appellants:** ORRIS INFRASTRUCTU…; Greenopolis…; +3 more
- **Respondents:** M/s Three C…; RAKESH KUMAR…; +4 more
- **Other parties:** Rajiv B…; Surender Singh…; +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 — Apartment Buyer…**: Orris and the Corporate Debtor entered into tripartite apartment buyer agreements with…

## 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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