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TMI Blog2020 (1) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... take stringent, penal action against the plaintiff Mr. E.C. John by arresting him and secure the life of the Liquidator who is an officer of the court - application allowed. - C.P.(IB)- 1055/(MB)/2017, MA 205/2020 MA 241/2020, MA 242/2020 MA 282/2020 - - - Dated:- 24-1-2020 - Shri Bhaskara Pantula Mohan Member (J) ORDER 124. MA 205/2020, MA 241/2020, MA 242/2020, MA 282/2020 In C.P. (IB) 1055/(MB)/2017 MA 282/2020: This is an application filed by the Liquidator of Roofit Industries Limited with the prayer to quash the Civil Suit No. 251/2019 on the file of Civil Court Junior Division, Wada District Palghar filed by Respondent No. 1 Mr. E.C. John. Mr. E.C. John was also the occupant of the Corporate Debtor and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... procuring a higher better price for the very same property the Liquidator in his rightful duty had sold away the property to some third parties on 27.11.2019 as per law i.e. as per provision of IBC, 2016. However, the said Mr. John fully knowing all this background, had wrongly approached the civil court seeking direction or decree for grant of prohibitory injunction restraining the defendant i.e. Liquidator, its agents, servants or anyone claiming through them or acting on its behalf from disturbing the lawful possession and not to demolish the structure constructed by the Plaintiff over the suit property. At this point of time when the hearing is going on, the said plaintiff Mr. E.C. John entered the court room with his counsel Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld amount to trespass under Criminal law. However, the above Liquidator informed us that the very same plaintiff Mr. E.C. John had threatened the liquidator for life and obstructed him and when the police complaint is lodged they are not taking any action against the Respondent. In view of the orders passed by this Bench we hereby direct the Superintendent of Police, District Palghar, forth with look into the matter and provide the necessary security to the liquidator and also take stringent, penal action against the plaintiff Mr. E.C. John by arresting him and secure the life of the Liquidator who is an officer of the court. Application is allowed. List all other MAs on 06.02.2020. - - TaxTMI - TMITax - Insolvency & Bankru ..... X X X X Extracts X X X X X X X X Extracts X X X X
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