2020 (9) TMI 1213 - Tri - Insolvency and Bankruptcy

Seeking issuance of directions against the respondent not to threaten the applicant or the security personnel at the site of the corporate debtor and not to enter into the premises of the land belonging to the corporate debtor - Section 19(2) of the Insolvency and Bankruptcy Code, 2016 - HELD THAT - The respondent and their men or anybody claiming through them shall not create any hindrance or obstacle to the applicant or any personnel working under his control in any manner. The respondents cannot claim any right on the common road. If the respondent or its employees or anybody claiming through them create any disturbance or hindrance to the Resolution Professional or to any of his staff or security personnel in any manner, he may approach this Authority by filing an appropriate application for appropriate directions. Application disposed off.

Summary

Issues:
1. Application filed seeking directions against the respondent.
2. Dispute over the usage of a common road.
3. Allegations of threats and hindrance by the respondent.
4. Validity of the sale deed and rights over the common road.
5. Resolution of the dispute and issuance of appropriate directions.

Analysis:
The judgment pertains to an application filed by the Resolution Professional of a corporate debtor seeking directions against the respondent regarding the usage of a common road and protection of the property. The applicant contended that the respondent forcefully accessed the land between Gate A and its property, threatening security personnel and hindering the valuation process. On the other hand, the respondent claimed rights over the common road due to a valid sale deed and denied any threats or disturbances caused to the applicant's staff.

The Tribunal noted the existence of a common road as per the registered sale deed but emphasized that unless the deed is declared invalid, the respondent's usage of the road cannot be objected. However, the Tribunal ruled that the respondent or its employees cannot disturb the applicant or the corporate debtor in any manner. It was clarified that the respondent cannot claim any right over the common road and any disturbance caused should be addressed through appropriate applications for directions.

Ultimately, the Tribunal disposed of the application, instructing the respondent and its associates not to create hindrances for the applicant or their staff. The judgment emphasized that it does not recognize any rights of the respondent over the common road. The resolution aimed to maintain peace and order while ensuring the protection of the corporate debtor's assets and the smooth conduct of the insolvency proceedings.