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TMI Blog2023 (1) TMI 549X X X X Extracts X X X X X X X X Extracts X X X X ..... r. Avinash Krishnan Ravi, Advocate JUDGEMENT ( Through Virtual Mode ) [ Per ; Shreesha Merla , Member ( T ) ] 1. Aggrieved by the Impugned Order dated 03.01.2022 passed by the 'Adjudicating Authority' (National Company Law Tribunal, Division Bench, Hyderabad) in IA (IBC)/214/2021 in CP(IB) No. 143/7/HDB/2019, by which order the 'Adjudicating Authority' has approved the 'Resolution Plan' observing that it is in compliance of Regulation 38 of the CIRP Regulations, 2016. M/s. People Tech Infracon Pvt. Ltd/ the 'Appellant' preferred this 'Appeal' under Section 61 of the 'Insolvency and Bankruptcy Code, 2016' (hereinafter referred to as 'The Code'). 2. Facts in brief are that the ''Resolution Professional'' (RP) preferred IA (IBC)/214/2021 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,250 square feet and Survey No. 129 (old) Survey No.403 (new) in Shaikpet Village in Road No. 10 of Banjara Hills and he had acquired rights through 'Agreement of Sale' in the year 1984. G.O.Ms. No.481 Rev (Assgn.III) dated 12.04.2005 was issued by State Government of Andhra Pradesh alienating Ac 2-05 Guntas (8,569 Square meters or 10,285 Square yards) land in T.S No. 6/1 part of Ward no.11 of Shaikpet Village and Mandal situated at Road No. 10, Banjara Hills, Hyderabad in favour of A.P.Gems and Jewellery Park Pvt. Ltd, arrayed herein as 1st Respondent. Dr. VVS Sarma, the 'Appellants' Predecessor applied for NOC for land identified with reference to sale deed No. 1255/1965 and applied for a joint inspection in the year 2014 which revealed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Despite this order, the 'Resolution Applicant' and the ''Resolution Professional'' misrepresented that the said property is belonged to the Corporate Debtor. 5. It is submitted that the Resolution Plan is adversely affecting the rights of the 'Appellant' and that the 'Adjudicating Authority' was not justified in approving the Resolution Plan which extinguishes the rights of the third party. It was also submitted that it was only after the lodging of the FIR that the 'Appellant' herein had come to know that the said property was included in the list of the assets of the Corporate Debtor. 6. Mr. P.H. Arvindh Pandian, Learned Senior Counsel appearing for the Corporate Debtor drew our attention to the grounds of 'Appeal' in which the 'Appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecide the title of the land more so when a Civil Suit has already been preferred by the 'Appellant' herein and they have already opted for seeking a remedy before the Civil Court. It is pertinent to mention that the Hon'ble High Court of Telangana in Writ Petition No. 17412 of 2022 preferred by the Petitioner/'Appellant' herein seeking a direction against the State of Telangana for considering their representation dated 24.03.2022, wherein the Petitioner/ 'Appellant' herein has sought for cancellation of the allotment of the land made in favour of M/s. A.P.Gems and Jewellery Pvt. Ltd. and for allotment of the same in favour of the Petitioner/'Appellant' has dismissed the Writ Petition observing as follows: "The petitioner made the followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said Chief Secretary and Spl.Chief Secretary is not made party to the Writ Petition and it is also not stated how the said Chief Secretary and Spl.Chief Secretary is the competent authority to consider the request made by the petitioner under representation dated 24.03.2022. Further, the Writ Petition is also filed with undue haste within ten (10) days/ even before expiry of ten (10) days from the date of submission of the said representation of the petitioner. In view of the above this Court does not find no ground to grant any relief to the petitioner. 6. Accordingly, this Writ petition is dismissed." 8. The WP 17412/2022 is dated 04.04.2022 subsequent to the filing of this 'Appeal' which is dated 30.03.2022. Having regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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