NDLI: Mr. Rajendra K. Bhutta Vs. Maharashtra Housing and Area Development Authority Through Its Chairman & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Insolvency and Bankruptcy Code 2016 s.14(1)(d)
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Insolvency and Bankruptcy Code, 2016 (31 of 2016)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Insolvency and Bankruptcy Code, 2016 – s.14(1)(d) – Interpretation of a Tripartite Joint Development Agreement was entered into between the society representing persons occupying tenements, Maharashtra Housing and Area Development Authority (MHADA) and the Corporate Debtor in a project for the development of 47 acres of land – The Corporate Debtor entered into a Loan Agreement with a bank for a sum of Rs. 200 crores – The Corporate Debtor defaulted in repayment of loan – Consequent to which, an application u/s.7 of the Code was admitted, appointing interim resolution professional and a moratorium u/s. 14 was also declared – After the imposition of the moratorium period u/s. 14, the MHADA issued a termination notice of the Joint Development Agreement to the Corporate Debtor – It was further stated that the Corporate Debtor would have to hand over possession to MHADA, which would then enter upon the plot and take possession of the land including all structures thereon – The Appellant-Interim Resolution Professional filed an application before the NCLT to restrain MHADA from taking over possession of the land till completion of the CIRP – The NCLT dismissed the said applciation and stated that s.14(1)(d) does not cover licences to enter upon land in pursuance of the Joint Development Agreements – The NCLAT held that the land belonged to the MHADA and which was not formally transferred in favour of the Corporate Debtor and hence, it cannot be treated to be the asset of the ‘Corporate Debtor’ for application of the provisions of s.14(1)(d) of the Code – Before the Supreme Court, the appellant contended that it is wholly incorrect to state that a mere ‘licence to enter’ was granted, the reading of the relevant documents as a whole clearly show that the legal possession was actually handed over to the Corporate Debtor – It was further contended that any recovery of a property by an owner where such property is ‘occupied by’ the Corporate Debtor would clearly fall with s.14(1)(d) – Held: A bare reading of s.14(1)(d) of the Code would make it clear that it does not deal with any of the assets or legal right or beneficial interest in such assets of the Corporate Debtor – Where recovery of property is to be made by an owner u/s.14(1) (d), such recovery would be of property that is ‘occupied by’ a Corporate Debtor – The expression ‘occupied by’ would mean or be synonymous with being in actual physical possession or being actually used by – In the instant case, it is clear that the Joint Development Agreement read with the Deed of modification has granted a license to the developer (Corporate Debtor) to enter upon the property, with a view to do all things that are mentioned in it, there can be no gainsaying that after such entry, the property would not be ‘occupied by’ the developer – Therefore, the impugned judgment of NCLAT is set aside and the NCLT is directed to dispose of the resolution professional’s application.
Judge	Hon'ble Mr. Justice R.F. Nariman
Neutral Citation	2020 INSC 214
Petitioner	Mr. Rajendra K. Bhutta
Respondent	Maharashtra Housing And Area Development Authority Through Its Chairman & Anr.
SCR	[2020] 4 S.C.R. 305
Judgement Date	2020-02-19
Case Number	12248

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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
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Mr. Rajendra K. Bhutta Vs. Maharashtra Housing and Area Development Authority Through Its Chairman & Anr.

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