9911796707
TMI Blog2021 (4) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... a Merla ] Member ( Technical ) For the Appellant : Dr. Rajansh Thukral, Advocate. For the Respondents : Mr. Pankaj Khullar, for R-1 and R-2. JUDGMENT Justice Anant Bijay Singh , The instant Appeal has been filed against the order dated 22.09.2020 passed by the Adjudicating Authority, National Company Law Tribunal, Chandigarh Bench, Chandigarh in I. A. No. 234/2020 IN C.P.(I.B.) No. 197/Chd/Chd/2019 whereby and whereunder the Ld. Adjudicating Authority passed the following order: 9. Therefore, 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. 10. This order shall not be construed as conferring/recognizing existence of any common road or any right on/of the respondent company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rest Limited. The land belonging to M/s Mars Envirotech Limited - Respondent No. 1. viii) The aforesaid land was purchased by the Respondent No. 2 on 09.10.2015 knowing fully well that the Corporate Debtor was defaulting and this land belonged to the Corporate Debtor company, the possession notice had already been issued by Union Bank of India on 11.02.2015. Certified copy of the Title Deed dated 9th October, 2015 is at Annexure - A/8 (Page 85 to 90 of the Appeal Paper Book). ix) That in the Title Deed it is mentioned that on the south side of the plot there is a common road having width 26ft. 10 inches. Whereas on site there is no such common road in existence, nor any such common road is shown in the Aks Shajra . x) It is further case is that no map of the land showing any such common road is attached to the Title Deed in the record of the Sub Registrar from where the certified copy has been procured. It is nowhere mentioned in the purported Title Deed that this common road means any road common with the Respondents or that the common road is inside the boundary wall of the Corporate Debtor or that the access to the demised property is from the common road. The Title De ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted on the grounds of insolvency, subject to the condition that there is no default in payment of current dues arising for the use or continuation of the license or a similar grant or right during moratorium period; (2) The supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period. (2A) Where the interim resolution professional or resolution professional, as the case may be, considers the supply of goods or services critical to protect and preserve the value of the corporate debtor and manage the operations of such corporate debtor as a going concern, then the supply of such goods or services shall not be terminated, suspended or interrupted during the period of moratorium, except where such corporate debtor has not paid dues arising from such supply during the moratorium period or in such circumstances as may be specified. (3) The provisions of sub-section (1) shall not apply to- (a) such transactions, agreements or other arrangement as may be notified by the Central Government in consultation with any financial sector regulator or any other authority; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in view of the aforesaid amendment in Section 2(94A) of the Companies Act, 2013 w.e.f. 15.11.2016 and Section 280 of the Companies Act, 2013 w.e.f. 15.12.2016 the NCLT or NCLAT has appropriate jurisdiction to decide the present Appeal, which the Ld. Adjudicating Authority has failed to adjudicate, so it was submitted that impugned order cannot be sustained in the eye of law, it is fit to be set aside and Appeal be allowed. 10. It is further submitted that the Ld. Adjudicating Authority while passing the impugned order failed to consider the facts that the Corporate Debtor is under liquidation and assets are to be sold and recognising any such right of the Respondent while adversely affecting the Title of the property making entitle the sale and further on the basis of the submission interim order be set aside and the Appeal be allowed. Submissions on behalf of the Respondents 11. Learned Counsel for the Respondents in his Reply Affidavit submitted that the immovable property is situated at Vill Tohfapur, Lalru, Distt Mohali, the appropriate jurisdiction for dispute is Civil Court situated at Derabassi is competent to decide the matter. 12. It is further submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is a common road on the South side of the respondent s property with 26 ft. 10 inch. Width. Though no plan is enclosed to the said registered sale deed even according to the respondent, but unless the said sale deed is declared as invalid in an application failed by the Resolution Professional, the usage of the said common road by the respondent company cannot be objected. At the same time, the respondent company or its men cannot create any disturbance to the applicant or to the corporate debtor or any of the staff working under the control of the applicant in any manner. 20. We are of the consist view that the proceeding before the Adjudicating Authority and this Tribunal is summary in nature as to follow strict time line. 21. We are of the further view that the Learned Counsel for the Appellant have failed to make out any ground and the finding recorded by Ld. Adjudicating Authority, so we are affirmed the finding recorded in the impugned order dated 22.09.2020 in I. A. No. 234/2020 IN C.P.(I.B.) No. 197/Chd/Chd/2019 passed by the Adjudicating Authority, National Company Law Tribunal, Chandigarh Bench, Chandigarh. ORDER 22. Having regard to the foregoing disc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
