Supreme Court of India · 2020-02-19
Mr. Rajendra K. Bhutta vs Maharashtra Housing And Area ...
- Citation / case number
- AIR 2020 SUPREME COURT 3274
- Court
- Supreme Court of India
- Petitioner
- Mr. Rajendra K. Bhutta
- Respondent
- Maharashtra Housing And Area ...
- Author
- R.F. Nariman
- Bench
- V. Ramasubramanian, S. Ravindra Bhat, R. F. Nariman
Judgment text excerpt
The Supreme Court interpreted Section 14(1)(d) of the Insolvency and Bankruptcy Code, 2016, clarifying that the moratorium imposed during the Corporate Insolvency Resolution Process (CIRP) prohibits the termination of Joint Development Agreements and the recovery of possession of land. The Court held that licenses to enter upon land under such agreements are not merely personal but create interests in property, thus falling within the protective ambit of the moratorium. The appeal was allowed, reversing the NCLT's dismissal of the application seeking to restrain MHADA from taking possession of the land.