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TMI Blog2022 (5) TMI 810X X X X Extracts X X X X X X X X Extracts X X X X ..... e to run these Tea Estates. The lease given to the Corporate Debtor has not been renewed in favour of the Corporate Debtor hence; it is out of question that the Resolution Professional can take possession of the Tea Gardens to which the Corporate Debtor has no ownership. Application dismissed. - I.A. (IB) No. 415/KB/2021 in C.P. (IB) No. 184/KB/2018 - - - Dated:- 9-5-2022 - Shri Rohit Kapoor, Member (Judicial) And Shri Harish Chander Suri, Member (Technical) For the Resolution Professional : Mr. Joy Saha, Senior Advocate Mr. Dipankar Das, Advocate Ms. Sajana Nandi, Advocate For the Respondent : Mr. JishnuSaha, Senior Advocate Mr. Usha Nath Banerjee, Advocate Mr. Avishek Guha, Advocate Mr. Chitresh Saraogi, Advocate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order the Corporate debtor was permitted to manage the seven Tea Gardens with certain conditions. 6. The Applicant vide email dated 08.01.2020 informed the Respondent about the CIRP and sought details of the Tea Estate which is under the management of the Respondent No. 1. The Applicant visited the Tea Estate on 11.10.2020 and 13.12.2020 and learnt that there was no Manager in charge of the Tea Estate and that the workers and the Trade Union were managing the Tea Estate. 7. The Respondent Nos. 2 to 5 had filed an application in MAT 562 of 2016 wherein the Respondent Nos. 2 to 5 prayed for handing over the Tea Estate to the to Respondent No. 1. 8. The Committee of Creditors informed the Applicant that in a newspaper publication dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the State of West Bengal and the Corporate Debtor was provided with fixed term (30 Years) Lease, which was terminated on 26.06.2008 and not renewed as per law. The learned Counsel then led us through section 111(a) of the Transfer of Property Act, 1882, which envisages that a lease of immovable property determines by efflux of the time limited thereby. In such circumstance neither the Corporate Debtor nor the Resolution Professional could claim any legal right, far less any ownership rights over any part of the Tea Estate. 14. The Respondent No. 1 has applied for grant of leases of the entire Tea Garden in its favour as per law and such application is under due consideration by the State Authority. The Respondent occupies the said T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Leaders, both MP and MLA, and the State authorities unanimously invited the Respondent No.1 who is effectively and efficiently running and manging nearby 4 Tea Estates, to the utmost satisfaction of more than 6500 workers and plantation labourers, to take over and resume operation of the Birpara Tea Estate under the State Govt and on and from 16.02.2021 the Respondent No. 1 resumed and reopened the Tea Estate and by investment of more than Rupees 15 Crores revived the Tea Estate into workable state and has since paid the dues of the 2015 workers without a single default or any retrenchment and is also making regular timely deposits of Provident Funds and other statutory deposits after around a decade and also paid the Land Revenue (Kh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; Ishwar Dutt v. Land Acquisition Collector and Anr., (2005) 7 SCC 190 (paras 18 to 24), with regard to the issue of estoppel and cause of action; b. Shiromani Gurudwara Parbandhak Committee v. Mahant Harnam Singh and Others, (2003) 11 SCC 377 (paras 17, 19); K.S. Varghese and Others v. Saint Peter s and Saint Paul s Syrian Orthodox Church and Others, (2017) 15 SCC 333, in respect to Constructive Res Judicata. 21. The Resolution Professional cannot interfere with the management of the said Tea Garden by the Respondent No. 1. The Respondent No. 1 was never handed over nor is in possession or control of any statutory financial records of the Corporate Debtor, the question of the Respondent being required to make over the same to the App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ossession of the Tea Gardens to which the Corporate Debtor has no ownership. 26. In this view of the matter, the prayers asked for in the present IA cannot be granted. I.A. (IB) No. 415/KB/2021 is, therefore, dismissed, but in the facts of the case, without costs. Liberty to apply is granted if and when the Government of West Bengal takes a decision on the renewal of the lease. 27. The Registry is directed to send e-mail copies of the order forthwith to all the parties and their Counsel for information and for taking necessary steps. 28. Certified Copy of this order may be issued, if applied for, upon compliance of all requisite formalities. The order is pronounced on the 09th day of May, 2022. - - TaxTMI - TMITax - Insolve ..... X X X X Extracts X X X X X X X X Extracts X X X X
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