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TMI Blog2024 (4) TMI 402X X X X Extracts X X X X X X X X Extracts X X X X ..... Asthana , Ms. Shalini Basu , Advocates for R1. Ms. Mahima Singh , Ms. Shruti Pandey , Advocates for R2 JUDGMENT Ashok Bhushan , J. This Appeal has been filed challenging the order dated 23.02.2024 passed by the Adjudicating Authority (National Company Law Tribunal) Kolkata Bench, Kolkata in I.A. (IBC) No. 435/KB/2024. Application I.A. (IBC) No. 435/KB/2024 was filed by the Respondent No.1- Successful Resolution Applicant (SRA) praying for various directions in which application order was passed on 23.02.2024 granting prayers (a) to (d) and the matter was further directed to be listed on 04.03.2024. Aggrieved by the said order, Appellant has come up in this Appeal. 2. Brief facts of the case to be noticed for deciding the Appeal are:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im order passed on 23.02.2024, aggrieved by which order this Appeal has been filed. 3. In IA No.435 of 2024, following reliefs have been prayed for by the SRA:- "A. Direct the Respondent No. 1 and 2 and their men, servants, and agents to seize and desist from interfering & creating hindrances in ingress and egress to the hotel premises as well access to such essential facilities/ utilities/ services required for running of the operations of the hotel as mentioned in paragraph 11 and 12; B. Direct the Respondent No. 5, 6 and 7 to protect and prevent any obstruction, annoyance or injury to any person lawfully employed at the Corporate Debtor and ensure that there is no danger to human life, health or safety or disturbance of the public/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to take note of the manner in which the plan was being implemented to the prejudice of the Appellant being the land owner. It is submitted that after passing of the final order dated 04.01.2024 by the Adjudicating Authority immediately the same was challenged before this Tribunal and said order has not become final. It is, however, submitted that the Appellant has always extended co-operation in running the Corporate Debtor as a going concern. It is submitted that the common facility and services which are located outside the land leased to the Corporate Debtor on which land the Corporate Debtor has no right, hence, the Adjudicating Authority ought to have awaited the decision of this Tribunal in Company Appeal (AT) (Insolvency) Nos. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Appellant prevented the ingress and egress of staff, employees and guests of the Hotel whereas shared services are sine qua non to the functioning of 5-star Hotel. It is submitted that on 22.02.2024 supply of electricity was stopped for 45 minutes and servants, agents and security guards of the Appellant are consistently trying to disrupt and to take possession of the server room. It is submitted that the SRA has made payment of Rs.145 Crores on 14.02.2024 which is first tranche payment. Respondent No.1 is entitled to implement the Resolution Plan. It is submitted that it is the Corporate Debtor who is operating the shared service and making payment for the same. Corporate Debtor is a going concern. It is submitted that the order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9 (7) as extracted above, does not fetter the right of the parties to enter into an arrangement with regard to shared utilities and equipment, which are located outside the lease hold land of the Corporate Debtor and further, the approval of Resolution Plan and grant of above reliefs and concessions does not fetter the rights of the parties to establish their rights and obligations in a competent Court. Subject to liberty as aforesaid, we uphold the impugned order dated 04.01.2024 passed by the Adjudicating Authority. The Appeal is disposed of accordingly. Parties shall bear their own costs." 9. We having upheld the Resolution Plan and granted liberty, as noted above, are of the view that both the parties to act in pursuance of the libert ..... X X X X Extracts X X X X X X X X Extracts X X X X
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