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TMI Blog2018 (4) TMI 1667X X X X Extracts X X X X X X X X Extracts X X X X ..... sent case, the steel plates are reported to have been delivered by M/s. GB Engineering Enterprises limited to M/s. Diinepro Private limited, which they later claims to have been delivered to the Corporate Debtor. The Applicant has never had the possession of the materials in question - also there are conflicting claims on materials which the Corporate Debtor actually did not possess. Thus, the claim of the Applicant is not substantiated by any valid documentary evidence. There is no evidence to establish that the Corporate Debtor is holding the possession of any materials belonging to the Applicant either under trust or contractual arrangements including bailment, as has been claimed by the Applicant - application dismissed. - CA/127/2018 In CP/511/(IB)/2017 - - - Dated:- 25-4-2018 - CH. MOHD SHARIEF TARIQ, MEMBER (JUDICIAL) For The Applicant : Mr. T.K Bhaskar, Advocate For The Respondent : Mr J. Manivannan, Advocate ORDER CH. MOHD SHARIEF TARIQ, MEMBER (JUDICIAL) 1. Under consideration is C.A.No.127 of 2018 in CP 511/IB/2017 filed by M/s. IU International Holdings PTE Limited (for short the IUIHPL Singapore) through UTTAM SUCROTECH INTERNATION ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pplier prior to its dispatch. Thereafter, the steel plates were dispatched to M/s. GB Engineering Enterprises on 25.04.2017, 26.04.2017 and 29.04.2017 by the supplier. 6. The Applicants submits that M/s. GB Engineering Enterprises Limited, had released a work order dated 18.04.2017 in favour of M/s. Dynepro Private Limited for consideration of ₹ 1,47,00,000/-. In pursuance of the Sub-contract (work order dated 18.04.2017), M/s. GB Enterprises forwarded the said supplies by way of the same lorry to M/s Dynepro Private Limited. M/s Dynepro Private Limited is stated to have further sub-contracted the fabrication of the steam and mud drums to M/s. Cethar Limited (hereinafter referred to as Corporate Debtor ). 7. The Applicant has averred in the Application that on account of financial crunch and labour issues, M/s. GB Engineering Enterprises Limited expressed its inability to complete its obligations under the purchase order. Thus, the Applicant entered into a memorandum of understanding (for short, the MoU) dated 10.01.2018 with M/s. GB Engineering Enterprises Limited and M/s. Uttam Sucrotech International Private Limited, and by virtue of the MoU, M/s. Uttam Sucrotec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oached this Bench for the said materials by way of Interim Application vide IA No. 65/2018 filed in CP 511/IB/2017 claiming that the materials belong to M/s. G.B. Engineering Enterprises Limited, on which the order has been reserved, and delivered on 24th of April 2018, whereby it has been concluded that the claim of M/s. Dynepro is baseless and stands rejected. 13. The Resolution Professional has submitted that Corporate Debtor s Factories did not have HT power connection to run factories nor workmen for carrying work for over a year and undertaking any kind of work at units of Corporate Debtor is not possible. Resolution Professional also stated that the CIRP of Corporate Debtor had started on 16.06.2017 and he is in charge of the Corporate Debtor with effect from 19.07.2017 and had taken the control and custody of all the assets of Corporate Debtor, further, if any of the materials of the Applicant has been lying with the Corporate Debtor s factories, the same must have been brought to the attention of IRP/RP as soon as the CIRP commenced. 14. The Resolution Professional has further submitted that there is no contractual obligation between the Corporate Debtors and the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and may be sued in relations to the breach of the contract. This rule is based upon the doctrine of privity to contract. The doctrine of privity to contract says that only parties to a contract can sue and be sued in relation to breach or enforcement of the contract. According to Section 148 of the Indian Contract Act, 1872, a bailment is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the bailor . The person to whom they are delivered is called the bailee . 20. However, in the present case, the steel plates are reported to have been delivered by M/s. GB Engineering Enterprises limited to M/s. Diinepro Private limited, which they later claims to have been delivered to the Corporate Debtor. The Applicant has never had the possession of the materials in question. In support of this, I may refer to Para No.7 of the MoU dated 10.01.2018 which provides as under:- 7. USIPL shall take all legal and economic rights in the semi-finished goods from GB India (M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pro has incorrectly stated that the ownership of material lies with M/s. G.B. Engineering Enterprises. Therefore, there are conflicting claims on materials which the Corporate Debtor actually did not possess. Thus, the claim of the Applicant is not substantiated by any valid documentary evidence. This is being strengthened by the submissions made by the Resolution Professional that Corporate Debtor s Factories have neither HT power connection to run nor workmen to do any work for over a year, and undertaking any kind of work at the units of Corporate Debtor is not possible. The Resolution Professional has also stated that the CIRP of Corporate Debtor commenced on 16.06.2017 and he is in charge of the Corporate Debtor with effect from 19.07.2017 and had taken the control and custody of all the assets of Corporate Debtor, and in such circumstances, the question of Corporate Debtor being doing any job work does not arise. 23. In the light of the facts and circumstances stated above, there is no evidence to establish that the Corporate Debtor is holding the possession of any materials belonging to the Applicant either under trust or contractual arrangements including bailment, as ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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