NDLI: Municipal Corporation of Greater Mumbai (mcgm) Vs. Abhilash Lal & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Appellant owns inter alia the lands in question ss.92 and 92A 1888 Mumbai Municipal Corporation Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Mumbai Municipal Corporation Act, 1888 (3 of 1888)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Mumbai Municipal Corporation Act, 1888 – ss.92 and 92A – Appellant owns inter alia, the lands in question – By contract dated 20.12.2005, one ‘SHCL’ agreed to develop these lands (to be leased to it) and construct 1500 bed hospital – Construction was to be completed in 60 months (excluding monsoons) which ended on 24.04.2013 – Lease deed was to be executed after the completion of the project – Project not completed within the period – ‘SHCL’ had to pay lease rent at the annual rate of ` 10,41,04,000/- –Appellant alleged defaults in the payments – Issued show cause notice on 23.01.2018, proposing contract termination – Insolvency proceedings initiated by Axis Bank also as ‘SHCL’ was unable to repay its debts – Before the period given by appellant’s show-cause notice ended, the Petition was admitted by the National Company Law Tribunal (NCLT), Hyderabad Bench – 1st respondent was appointed as the Resolution Professional (RP), approved by Committee of Creditors (CoC)– Terms of the Request for Proposal (RFP), criteria for evaluation (of RFPs received) approved – Resolution plan submitted by one ‘SNMC’ – Revised RFP submitted by RP – Revised resolution plan approved by CoC – Appellant opposed the resolution plan – Plan approved by NCLT and the Appellate Tribunal, NCLAT – Held: Resolution plan contemplated infusion of capital and one of the modes for securing capital was mortgaging the land – In view of the clear conditions stipulated in the contract, the appellant reserved all its rights and thus, its properties could not have been, in any manner, affected by the resolution plan – Adjudicating authority could not have approved the plan which implicates the assets of the appellant especially when ‘SHCL’ had not fulfilled its obligations under the contract – Further, the resolution plan was never approved by the corporation – Also, s.238, IBC cannot be read as overriding the appellant’s right- indeed its public duty to control and regulate how its properties are to be dealt with– That exists in ss.92, 92A – s.238, IBC could be of importance when the properties and assets are of a debtor and not when a third party like the appellant is involved – Therefore, in the absence of approval in terms of ss.92 & 92A, the adjudicating authority could not have overridden appellant’s objections and enabled the creation of fresh interest in respect of its properties and lands – Authorities under the Code could not have precluded the control that the appellant has, under law, to deal with its properties and the land in question, which undeniably are public properties – Resolution plan therefore, would be serious impediment to appellant’s independent plans to ensure that public health amenities are developed in the manner it chooses, and for which fresh approval under the MMC Act may be forthcoming for a separate scheme formulated by it – Impugned order and the order of NCLT, set aside – Insolvency and Bankruptcy Code, 2016 – s.238 and ss.14(1)(d), 22, 30(2), 31, 62 – Interpretation of Statutes – IBBI (CIRP) Regulations, 2016 – Regulations 37, 38, 38(IA) & 39(4). Insolvency and Bankruptcy Code, 2016 – Aim of; insolvency process under– Discussed. Insolvency and Bankruptcy Code, 2016 – s.238 – Scope of
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2019 INSC 1257
Petitioner	Municipal Corporation Of Greater Mumbai (mcgm)
Respondent	Abhilash Lal & Ors.
SCR	[2019] 14 S.C.R. 659
Judgement Date	2019-11-15
Case Number	6350

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Municipal Corporation of Greater Mumbai (mcgm) Vs. Abhilash Lal & Ors.

Please Log-in to view this content

Municipal Corporation of Greater Mumbai & Ors Vs. Property Owners’ Association & Ors.

Municipal Corporation of Greater Mumbai Vs. Thomas Mathew & Ors.

Ratilal S. Pujara (since Deceased) Thr. His Lrs. Vs. Municipal Commissioner, Municipal Corporation of Greater Mumbai & Ors.

Municipal Corporation of Greater Bombay Vs. Bharat Petroleum Corporation Ltd.

Municipal Corpn. of Greater Mumbai Vs. Harish Lamba of Bombay, Indian Inhabitant & Ors.

Municipal Corporation of Greater Mumbai and Anr. Vs. Kamla Mills Ltd.

Municipal Corpn. of Greater Bombay and Ors. Vs. Hindustan Petroleum Corpn. and Anr.

Municipal Corporation of Greater Mumbai & Ors. Vs. M/s Sunbeam High Tech Developers Private Ltd.

Municipal Corporation of Greater Mumbai & Ors. Vs. Rafiqunnisa M. Khalifa (deceased) Through His Legal Heir Mr. Mohd. Muqueen Qureshi & Anr.

Municipal Corporation of Greater Mumbai (mcgm) Vs. Abhilash Lal & Ors.

Municipal Corporation of Greater Mumbai (mcgm) Vs. Abhilash Lal & Ors.

Please Log-in to view this content

Similar Documents

Municipal Corporation of Greater Mumbai & Ors Vs. Property Owners’ Association & Ors.

Municipal Corporation of Greater Mumbai Vs. Thomas Mathew & Ors.

Ratilal S. Pujara (since Deceased) Thr. His Lrs. Vs. Municipal Commissioner, Municipal Corporation of Greater Mumbai & Ors.

Municipal Corporation of Greater Bombay Vs. Bharat Petroleum Corporation Ltd.

Municipal Corpn. of Greater Mumbai Vs. Harish Lamba of Bombay, Indian Inhabitant & Ors.

Municipal Corporation of Greater Mumbai and Anr. Vs. Kamla Mills Ltd.

Municipal Corpn. of Greater Bombay and Ors. Vs. Hindustan Petroleum Corpn. and Anr.

Municipal Corporation of Greater Mumbai & Ors. Vs. M/s Sunbeam High Tech Developers Private Ltd.

Municipal Corporation of Greater Mumbai & Ors. Vs. Rafiqunnisa M. Khalifa (deceased) Through His Legal Heir Mr. Mohd. Muqueen Qureshi & Anr.

Municipal Corporation of Greater Mumbai (mcgm) Vs. Abhilash Lal & Ors.