SC upholds NCLAT order: Resolution Professional failed to prove land possession; development rights to be decided by Civil Court

The SC dismissed the appeals challenging the NCLAT order, holding that the Resolution Professional failed to prove physical possession of the land was handed over. Evidence established that the Resolution Professional/Corporate Debtor remained in possession of the 10.81 acres in question. The claim of development rights by the Corporate Debtor was subject to adjudication by a Civil Court. The prayer for exclusion of the Corporate Debtor from the CIRP by the landowners was rejected. There was no reason to interfere with the impugned NCLAT order. Appeals were dismissed.

---

---

Court: Supreme Court Summary: - "Delay condoned." - After hearing counsel and perusing the record, the Court held: "we find no good reason to interfere with the common impugned order dated 25-10-2024 passed by the National Company Law Appellate Tribunal (Principal Bench) at New Delhi in Company Appeal (AT) (Ins.) No. 1691/2023 and Company Appeal (AT) (Ins.) No. 331/2024 respectively." - "The Civil Appeals are, accordingly, dismissed." - "Pending applications, if any, also stand disposed of." Key legal terms: delay condoned; impugned order; National Company Law Appellate Tribunal (Principal Bench); Company Appeal (AT) (Ins.) Nos. 1691/2023 and 331/2024; Civil Appeals dismissed; pending applications disposed.

---