Tribunal grants RP possession of Shed in CIRP case, upholding NCLT jurisdiction.

The Tribunal ruled in favor of the Resolution Professional/Liquidator, allowing them to take possession of the Shed from the Applicant. The decision upheld the exclusive jurisdiction of the National Company Law Tribunal (NCLT) under the Insolvency and Bankruptcy Code (IBC), emphasizing the RP's duty to control assets owned by the Corporate Applicant. The Tribunal considered the impact of pending civil suits on the Corporate Insolvency Resolution Process (CIRP) and concluded that the RP's claim for possession could proceed under the IBC due to the absence of restraint orders in the pending suits.

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Issues Involved:
1. Legality of the Applicant's occupation of the Shed.
2. Jurisdiction of the National Company Law Tribunal (NCLT) versus Civil Court.
3. Powers of the Resolution Professional (RP) under the Insolvency and Bankruptcy Code (IBC), 2016.
4. Impact of pending civil suits on the Corporate Insolvency Resolution Process (CIRP).

Detailed Analysis:

1. Legality of the Applicant's occupation of the Shed:
The Applicant claimed that he was not in illegal occupation of the Shed, asserting his right based on an Agreement dated 28th January 1997, and his status as an erstwhile employee of the Corporate Applicant. The Applicant also mentioned a pending Special Suit No. 23 of 2009 for recovery of monies from the Corporate Applicant. Conversely, the Resolution Professional argued that the Applicant was in illegal occupation, citing Clause 7 of the Agreement which entitled the Petitioner to ask the Applicant to vacate the Shed within one month of notice. The Corporate Applicant had already filed Special Suit No. 21/2009/A seeking possession of the Shed.

2. Jurisdiction of the National Company Law Tribunal (NCLT) versus Civil Court:
The Tribunal emphasized that under Section 60(5) of the IBC, 2016, the NCLT has jurisdiction to entertain and dispose of any application or proceeding by or against the Corporate Applicant. This jurisdiction is exclusive, as further reinforced by Sections 63 and 231 of the Code, which bar the jurisdiction of civil courts in matters pertaining to the NCLT. The Tribunal cited the judgment in *Liberty House Group Pte Ltd. Vs. State Bank of India and Ors.*, which confirmed that no civil court shall have jurisdiction over matters under the NCLT's domain.

3. Powers of the Resolution Professional (RP) under the Insolvency and Bankruptcy Code (IBC), 2016:
The Tribunal noted that the RP has the duty to take control and custody of any asset over which the Corporate Applicant has ownership rights, as per Section 18 of the IBC. This includes assets not in the possession of the Corporate Applicant. The Tribunal referred to the judgment in *Swiss Ribbons (P) Ltd. Vs. Union of India*, which clarified that the RP has no adjudicatory powers but must take control of assets subject to ownership determination by a court or authority. The Tribunal also referenced the *Innoventive Industries Ltd. Vs. ICICI Bank* case, emphasizing the unified and exhaustive nature of the IBC.

4. Impact of pending civil suits on the Corporate Insolvency Resolution Process (CIRP):
The Tribunal acknowledged the pending suits: Special Suit No. 21/2009/A by the Corporate Applicant for possession of the Shed, and Special Suit No. 23 of 2009 by the Applicant for recovery of money. The Tribunal stated that the moratorium under the IBC temporarily stayed the suit filed by the Applicant, but the suit for recovery of possession by the Corporate Applicant would continue. The Tribunal concluded that the RP's claim for possession of the Shed could be entertained under the IBC, given the absence of restraint orders in the pending suits.

Conclusion:
The Tribunal directed that the Resolution Professional/Liquidator shall be allowed to take possession of the Shed from the Applicant, agreeing with the decision of the Member (Judicial). The application was disposed of accordingly, upholding the overriding powers of the IBC and the exclusive jurisdiction of the NCLT.

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