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TMI Blog2021 (4) TMI 524X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent 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 to use the common road or to claim any right over it. 11. Accordingly, IA No. 234/2020 is disposed of. Copy of this order be supplied to the parties by the Registry." 2. The brief facts giving rise to the instant Appeal is as follows: i. That the Corporate Debtor - M/s Agro Dutch Industries Limited was put into 'Corporate Insolvency Resolution Proceeding' (for short CIRP) upon an Application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (for short IBC) filed by State Bank of India - Financial Creditor against the Corporate Debtor in C.P.(I.B.) No. 197/Chd/Chd/2019 vide order dated 27.11.2019. ii) That Sh. Desh Deepak, Insolvency Resolution Professional having Registration No. IBBI/IPA-001/IP-P00648/2017-18/11105 was appointed as Interim Res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 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 Deed is also silent as to who is the owner of the common road or it is a Government land. xi) That keeping in view the continuous trespass by the Respondents, the Appellant filed Application bearing I.A. No. 234 of 2020 in CP (IB) No. 197/Chd/Chd/2019 copy of the IA marked as Annexure- A/10 (page 100 to 119 of the Appeal Paper Book). xii) The Respondents was appeared and file their Reply Affidavit taking the averment made by the Appellant in the I.A and after hearing both the parties impugned order dated 30th September, 2020 was passed. Hence the Appeal. Submissions on behalf of the Appellant 3. The Learned Counsel for the Appellant during the course of argument and Memo of Appeal and also in IA bearing I.A. No. 234 of 2020 in C.P.(I.B.) No. 197/Chd/Chd/2019, inter alia, taken the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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; (b) a surety in a contract of guarantee to a corporate debtor. (4) The order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process: Provided that where at any time during the corporate insolvency resolution process period, if the Adjudicating Authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be." 4. Learned Counsel for the Appellant further referred to provision of Section 238 of the IBC which reads as under: " 238. Provisions of this Code to override other laws.- The provisions of this Code shall have effect, notwithstanding anything inconsistent th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondents 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 submitted that the Respondents have purchased the land in June, 2015 and from June, 2015 the Respondents are continuously using the common passage without any interruption or interference. 13. It is further submitted that the Appellant failed to show that the said part of common land is mortgaged with the Bank. Without proper dimension, the Appellant under the power of Resolution Professional cannot take control over the property of others. 14. It is further submitted that the Title Deed it is mentioned that on the south side of the plot there is a common road having width of 26 ft. 10 inches. 15. It is further submitted that the Appellant have admitted, in his plant, there is a common passage having a width of 26 ft. and 10 inch. In between the Appellant and Respondent company's and both are using said common passage for their transportation. The said plot is sold by showing the passage ..... X X X X Extracts X X X X X X X X Extracts X X X X
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