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TMI Blog2021 (3) TMI 151X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Liquidator at the registered office of the Corporate Debtor M/s Gujarat NRE Coke Ltd. 2.(a) Brief facts of this case are that in January 2018 Mr. Sumit Binani (Respondent No. 1 herein) was appointed as Liquidator for the M/s Gujarat NRE Coke Ltd. (Corporate Debtor), and has commenced liquidation proceedings at head office of the Corporate Debtor, 22, Camac Street, Block -C, 5th Floor, Kolkata. (In Brief Office Premises) Due to pandemic Covid-19, lockdown w.e.f 25.03.2020 was enforced by the Central Government. Subsequently, w.e.f 31.05.2020 the Central Government as well as State Government granted numerous relaxations in the lockdown. Even though, the office premises was not opened. Therefore, the Liquidator has issued numerous emails and communications to the officials of the Corporate Debtor to open the office so he may be able to resume the work. However, one pretext or the other, the officials kept on citing reasons on the ground of Covid-19 Pandemic, thus, there was a great hindrance on the liquidation proceedings of the Corporate Debtor. In such a situation, the liquidator filed an Application under Section 19(2) r/w Section 34(3) of the Insolvency and Bankruptcy Cod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... work from home and provide all assistance to the Liquidator as and when required. (v). The Liquidator shall provide all the basic facilities to the staff attending the office or work from home, as the case may be in accordance with the guidelines issued by the Government during the period of lockdown. (vi). In case any of the staff refused or fails to attend the office or work from home or provide necessary cooperation, as the directions of the Liquidator, the Liquidator shall be free to cut his proportionate salary/wages, are per applicable rules. (vii). In case of failure to comply the directions from the side of respondents, the Liquidator shall be at liberty to move an application for initiating action under the Contempt of Courts Act." 2(c). The Appellant No. 1 herein (Surajbari Traders Pvt. Ltd.) on 28.07.2020 filed an Application before the Adjudicating Authority seeking clarification of the impugned order dated 17.07.2020. It is also mentioned that the Appellant No. 1 was not arrayed as party by the Liquidator and hence, the Appellant No. 1 could not apprise the Hon'ble Tribunal the following facts. (i) The premises is being used for more than 20 Companies as its r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng prior to the imposition of lockdown without any hindrance and restrictions in a peaceful manner and further co-operate the liquidator and, in default, necessary order be passed appointing any competent person as Receiver who can take police assistance and can take further effective steps for implementation of the orders to be passed herein. e. Ad-interim order in terms of prayers above. f. Pass any other such order and/ or orders as this Hon'ble Tribunal may deem fit and proper in light of the peculiar facts and circumstances of the present case." 3. The Contemnor Arun Kr. Jagatramka and Kavita Jagatramka resisted the Application and stated that they were not arrayed as party in the Application under Section 19 (2) r/w Section 34(3) of the I&B Code and the impugned order dated 17/07/2020 was passed without giving any opportunity of hearing to them. The office premises is used by 20 other Companies and their valuable record is laying in the said premises. The Keys of the office premises were with Kavita Jagatramka during the Lockdown period and she was stuck in Ahmadabad. Therefore, she could not make available keys to the officials of the Corporate Debtor. 4. After hearing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has no hindrance in liquidation proceedings. Actually, the said premises was used by 20 other companies as their registered office and for maintaining the records. No sooner the Appellants came to know about the impugned order dated 17.07.2020, immediately they filed an application before the Adjudicating Authority for clarification of the order. However, the Application has not been considered and the ld. Adjudicating Authority passed the impugned order 14.08.2020, for taking coercive action against the Appellants. Both the orders are passed under misconception. Therefore, the impugned orders are liable to be set aside. 7. Per Contra, the ld. counsel for the Respondent No.1 submitted that vide order dated 14.08.2020, the Adjudicating Authority issued show cause to the Appellants and Respondent No.3 as to why Rule Nisi should not be issued against them. The grounds raised before this Appellate Tribunal have also been agitated by the Appellants before the Adjudicating Authority and the matter is still pending before the Adjudicating Authority. In such a situation, the Appeal is premature and deserves to be dismissed. It is further submitted that Appellants have filed these Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arification passed the impugned order dated 14.08.2020 on the Contempt Application. We are of the view that while considering the Contempt Application the Adjudicating Authority should have decided the Application for clarification. 12. Ld. Adjudicating Authority vide impugned order dated 17.07.2020 directed the key personnel of the Corporate Debtor or the owner of the premises, whosoever is in possession of the keys of the registered office premises shall handover the keys to the liquidator immediately. The Adjudicating Authority issued such direction as if the premises is in exclusive possession of the liquidator. However, the Liquidator himself after passing of this order sent an e-mail on 21.07.2020 to the appellant's counsel Mr. Sandeep Bajaj that he never claimed exclusive possession of the office of the Corporate Debtor and he only wants access of the office premises of the Corporate Debtor. 13. In the light of such admission, and the fact that office premises is used by other 20 Companies as their registered office, the direction of Adjudicating Authority to hand over the keys to the liquidator and in case the set of keys are not handed over to the liquidator, the liquida ..... 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