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TMI Blog2020 (2) TMI 1566X X X X Extracts X X X X X X X X Extracts X X X X ..... ocate 4. Ms. Debjani Chatterjee, Advocate ] For Respondent No.3 2. Ms. Aruna Ghosh Advocate, 3. Ms. Madhumointi Sapui, Advocate ] For Corporate Debtor ORDER Per Shri M. B. Gosavi. J. This authority by order dated 15.10.2019 admitted the corporate debtor- Avani Towers Private Ltd. in Corporate Insolvency Resolution Process (for short, "CIRP") at the instance of M/S. Sesa International Limited holding that the Corporate Debtor committed default in paying the financial debt of Rs. 2,21,45,755/-. 2. Mr. Jitendra Lohia, Resolution Professional was appointed as the IRP and his appointment as RP has been confirmed by the COC. 3. RP filed this application in CA(IB)1807/KB/2019 for direction to the Energy Properties Pvt. Ltd.(ClN No.U45400W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority cannot decide the civil rights relating to those properties in this proceeding. He relied on the rulings of the Apex Court in Embassy Property Development Pvt. Ltd. -vs- State of Karnataka (Civil Appeal No.9170/2019). 8. From materials on record, it can safely be concluded that till admission of the corporate debtor in CIRP, MOU dated 24.01.2008 was not cancelled /revoked by the respondents. Hence, the corporate debtor remained in possession of the properties for the purpose of their development. Upon corporate debtor's admission in CIRP, RP came in possession therein by virtue of statutory provisions under the Insolvency & Bankruptcy Code, 2016. Hence, respondents cannot disturb / obstruct RP's possession in those properti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by order dated 09.01.2020 because admittedly the corporate debtor and Energy Properties Pvt. Ltd. (respondent in CA(IB) 1807/KB/2019) put the applicant in possession of 10,000 sq.ft. land to carry on its activities/ business. 12. In fact, our order dated 09.01.2020 shall not affect the applicant's possession and activities in that piece of land. It is brought to our notice that term of leave and licence agreement dated 11.08.2011 of the applicant is already expired, as it was only for 11 months. Be that as it may, the original owner of the properties, i.e. respondent in CA No. 18071KB/2019 have to take call on that aspect. Corporate Debtor's development activities were not extended in relation to that piece of land. Hence, corpora ..... X X X X Extracts X X X X X X X X Extracts X X X X
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